Nitesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47079 of 2015 Arising Out of Hajipur Sadar PS.Case No. -338 Year- 2015 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ======================================================

1. Nitesh Singh S/o Anandi Singh, R/o Village- Govind Chak, P.S.- Sonepur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Nitesh Singh, in connection with Hajipur Sadar Police Station Case No. 338 of 2015, under Sections 399/402/414/34 of the Indian Penal Code and Sections 25(1B)a/26II/35 of the Arms Act, 1959. Perused the above application and materials on record.

Heard Mr. Manish Chandra Gandhi, learned Counsel for the petitioner, and Mr. Zainul Abedin, 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 06.07.2015 in connection with the case aforementioned and though charge sheet has been

Patna High Court Cr.Misc. No.47079 of 2015 (3) dt.16-10-2015 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 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, Vaishali at Hajipur, in connection with Hajipur Sadar Police Station Case No.338 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.