Kanahaiya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46353 of 2015 Arising Out of PS.Case No. -329 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Kanahaiya Yadav, S/o Ramchandra Yadav, R/o Village- Barka Teghara, P.S.- Maharajganj, District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anjani Parashar, Adv. For the Opposite Party/s : Mr. Smt. Reena Sinha(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, Kanahaiya Yadav, in connection with Maharajganj Police Station Case No. 329 of 2014, under Sections 147/148/149/341/323/324/307/379 and 120B of the Indian Penal Code and Section 27 of the Indian Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Anjani Parashar, learned Counsel for the petitioner, and Smt. Reena Sinha, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.46353 of 2015 (3) dt.15-10-2015 2/3 has been in custody in this case since 15.5.2015 in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 23.9.2015, passed in Cr. Misc. No.43085 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, Siwan, in connection with Maharajganj Police Station Case No. 329 of 2014.

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.46353 of 2015 (3) dt.15-10-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T