Hareram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35408 of 2015 Arising Out of PS.Case No. -78 Year- 2001 Thana -SANHOLA District- BHAGALPUR ======================================================

1. Hareram Mandal S/O Late Khatto Mandal, Resident of village- Dobhi, P.S.- Sanokhar (Amdanda), District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Smt. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 28-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Hareram Mandal, in connection with Sanhoulla (Sanokhar) Police Station Case No. 78 of 2001, under Sections302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Davendra Kumar Pandey, learned Counsel for the petitioner, and Ms. Sharda Kumari, learned Additional Public Prosecutor, appearing on behalf of the State.

It is submitted on behalf of the accused-

Patna High Court Cr.Misc. No.35408 of 2015 (3) dt.28-08-2015 2/3 petitioner that co-accused have already been granted bail by this Court.

In view of the fact that the accused abovenamed has been in custody since 03.032015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect the trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur, in connection with Sanhoulla (Sanokhar) Police Station Case No. 78 of 2001.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.35408 of 2015 (3) dt.28-08-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ.) Prabhakar Anand/- U √ T √