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Patna High CourtCR. MISC./46317/2015bail granted

Kishore Kumar v. The State Of Bihar

2015-10-12The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46317 of 2015 Arising Out of PS.Case No. -141 Year- 2012 Thana -RAJIVNAGAR District- PATNA ====================================================== Kishore Kumar, S/o. Amarnath Sah, Village- Haripur Colony, Digha Ghat, P.S. Digha, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satrudhan Kumar, Advocate. For the Opposite Party/s : Smt. Sangita Sharma(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 12-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Kishore Kumar, in connection with Rajiv Nagar Police Station Case No. 141 of 2012, under Sections 457/380 of the Indian Penal Code. Perused the above application and materials on record. Heard Mr. Satrudhan Kumar, learned Counsel for the petitioner, and Smt. Sangita, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 01.07.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced 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 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

Patna High Court Cr.Misc. No.46317 of 2015 (2) dt.12-10-2015 2/2 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 Saurabh Kumar Verma, Judicial Magistrate, 1st Class, Patna, in connection with Rajiv Nagar Police Station Case No. 141 of 2012.

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.) Mkr./- U T