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Patna High CourtCR. MISC./47291/2015bail granted

Harendra Yadav v. The State Of Bihar

2015-10-29The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47291 of 2015 Arising Out of PS.Case No. -222 Year- 2014 Thana -BUXAR District- BUXAR ======================================================

1. Harendra Yadav, Son of Late Banwari Yadav, Resident of village - Nai Bazar Mathiya More, P.S. Buxar ( T ), District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Harendra Yadav, in connection with Sessions Trial No.373 of 2014, arising out of Buxar (T) Police Station Case No.

of 2014, under Sections 147/148/149/341/307/302/120B of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Ashok Kumar Mishra, learned Counsel for the petitioner, and Mr. Umeshanand Pandit, 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.47291 of 2015 (3) dt.29-10-2015 2/3 has been in custody since 17.05.2014 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and 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 Additional Sessions Judge-V, Buxar, in connection with Sessions Trial No.373 of 2014, arising out of Buxar (T) Police Station Case No. 222 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.47291 of 2015 (3) dt.29-10-2015 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