Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47086 of 2015 Arising Out of Gopalpur PS.Case No. -50 Year- 2015 Thana -GOPALPUR District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Ganesh Sah son of Late Hajari Sah, resident of village- Maheshpur, P.S.- Gopalpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shailendra Kr.Singh (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, Ganesh Sah, in connection with Gopalpur Police Station Case No. 50 of 2015, under Sections 147/148/149/323/324/307/380 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Bimlesh Kumar Pandey, learned Counsel for the petitioner, and Mr. S.K.Singh, learned Additional Public Prosecutor, appearing on behalf of the State. Heard also Mr. B.N.Mishra, learned counsel for the informant.

In view of the fact that the accused above-named has been in custody since 13.06.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the

Patna High Court Cr.Misc. No.47086 of 2015 (2) dt.15-10-2015 materials available on record 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 Sri Wasim Akaram Khan, the learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, in connection with Gopalpur Police Station Case No. 50 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. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) A.I./- U