Bhupendra Rai @ Upendra Rai @ Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47371 of 2015 Arising Out of PS.Case No. -78 Year- 2014 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Bhupendra Rai @ Upendra Rai @ Yogendra Rai, S/o Late Jamun Rai, Resident of village - Mahisari, P.S. Ujjiarpur, Distt. - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan, Adv. For the Opposite Party/s : Mr. Anant Kumar(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bhupendra Rai @ Upendra Rai @ Yogendra Rai, in connection with Samastipur (Muffasil) Police Station Case No. 78 of 2014, under Sections 302/201/120B/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Rajeev Ranjan, learned Counsel for the petitioner, and Mr. Anant Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has

Patna High Court Cr.Misc. No.47371 of 2015 (2) dt.30-10-2015 2/3 been in custody since 13.8.2015 2015 in connection with the case aforementioned and similarly situated co-accused has been granted bail by the court of learned Additional Sessions Judgevth, Samastipur by the order, dated 9.9.2015, passed in B.P. No.820 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, Samastipur, in connection with Samastipur (Muffasil) Police Station Case No. 78 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

Patna High Court Cr.Misc. No.47371 of 2015 (2) dt.30-10-2015 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