Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46385 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Ajay Singh, Son of Ram Baran Singh, Resident of village- Chakka, P.S.- Naokothi, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr. S. Eheteshmuddin (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, Ajay Singh, in connection with Naokothi Police Station Case No. 95 of 2015, under Sections 47A of the Excise Act.

Perused the above application and materials on record.

Heard Mr. Sandip Kumar Gautam, learned Counsel for the petitioner, and Mr. S. Eheteshmuddin, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the petitioner that recovery is from an open and abandoned place, which does not

Patna High Court Cr.Misc. No.46385 of 2015 (2) dt.15-10-2015 2/3 belong to the petitioner.

In view of the fact that the accused above-named has been in custody since 2.8.2015 in connection with the case aforementioned 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 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, Begusarai, in connection with Naokothi Police Station Case No. 95 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

Patna High Court Cr.Misc. No.46385 of 2015 (2) dt.15-10-2015 3/3 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