Munna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45237 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -DHARHARA District- MUNGER ====================================================== Munna Kumar Yadav, Son of Manoj Yadav, resident of Village- Amba Gaura, P.S.- Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Praveen Prabhakar, Advocate For the Opposite Party : Mr. Jitendra Kumar Roy 1 (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-09-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Munna Kumar Yadav, in connection with Dharhara Police Station Case No.123 of 2015, under Sections 379, 411/34 of the Indian Penal Code, Sections 26, 33, 41 and 42 of the Forest Act, Sections 29, 32 and 38 of the Wild Life Animal Protection Act and Rule 4/7 of the Bihar Mineral Preservation Illegal Mining Rules, 1972.

Perused the above application and materials on record.

Heard Mr. Praveen Prabhakar, learned Counsel, appearing for the petitioner, and Mr. Jitendra Kumar Roy No.1, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.45237 of 2015 (2) dt.30-09-2015 2/3 In view of the fact that the accused above-named has been in custody since 21.07.2015 in connection with the case aforementioned, the charge-sheet has already been submitted and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and there is nothing to show that the accused will not be available for trial, 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 Smt. Sulekha Jha, learned Judicial Magistrate 1st Class, Munger, in connection with Dharhara P.S. Case No.123 of 2015 (G. R. No.1413 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 learned Court below, as may be directed.

Patna High Court Cr.Misc. No.45237 of 2015 (2) dt.30-09-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T