Munna Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35706 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Munna Kushwaha, son of Daroga Kushwaha, resident of village- Kabar, P.S. Bhabua, District- Kaimur at Bhabua .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Adv. For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== 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 accusedpetitioner, namely, Munna Kushwaha, in connection with Bhabua P.S. Case No.278 of 2014, SC/ST No.368/2014, 53/2014, under Sections- 324 and 307 of the Indian Penal Code and Section-1(i)(x) SC/ST Act.
Perused the above application and materials on record.
Heard Mr. Sada Nand Ray, learned Counsel for the petitioner, and Mr. Ram Shankar Das, learned Special Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the petitioner that he has no criminal antecedent and his name figured on the basis of
Patna High Court Cr.Misc. No.35706 of 2015 (2) dt.28-08-2015 2/3 confession of a co-accused.
In view of the fact that the accused above-named has been in custody since 07.07.2014 in connection with the case aforementioned, charge sheet has been submitted, 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 also of the fact that the perusal of the materials available on record does not reveal that the accused-petitioner's liberty on bail would adversely affect his 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 Additional Sessions Judge 1st, Kaimur at Bhabua, in connection with Bhabua P.S. Case No.278 of 2014, SC/ST No.368/2014, 53/2014.
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.35706 of 2015 (2) 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) K.C.jha/- U T