Bataha Sahni @ Batahu @ Batahu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46389 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Bataha Sahni @ Batahu @ Batahu Sahni, S/o Rajendra Sahani, Resident of village- Maheshpur, P.S.- Piyar, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv. For the Opposite Party/s : Mrs. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 15-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bataha Sahni @ Batahu @ Batahu Sahni, in connection with L.N.M.U. Police Station Case No. 14 of 2015, under Sections 395/412 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Sanjay Kumar @ S.K., learned Counsel for the petitioner, and Mrs. Indu Kumari Srivastava, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody in this case since 14.4.2015 in connection

Patna High Court Cr.Misc. No.46389 of 2015 (2) dt.15-10-2015 2/3 with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 23.9.2015, passed in Cr. Misc. No.44234 of 2015, 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 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 Chief Judicial Magistrate, Darbhanga, in connection with L.N.M.U. Police Station Case No. 14 of 2015.

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

Patna High Court Cr.Misc. No.46389 of 2015 (2) dt.15-10-2015 3/3 learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T