Kariya Singh @ Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47797 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ======================================================
1. Raju @ Raju Singh @ Rajiv Ranjan Singh, S/o Dinanath Singh, both r/o Vill Pasaur, P.S. Charpokhri, Distt- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.48239 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ======================================================
1. Kariya Singh @ Prince, S/o Raju Singh @ Rajiv Ranjan Singh, R/o vill - Pasaur, P.S. - Charpokhri, Distt. - Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.47797 of 2015) For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (App) (In Cr.Misc. No.48239 of 2015) For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey(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 accusedpetitioners, namely, Raju @ Raju Singh @ Rajiv Ranjan Singh and Kariya Singh @ Prince, in connection with Charpokhri Police Station Case No. 21 of 2015, under Sections 302/120B/34 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Amresh Kumar Sinha, learned Counsel for the petitioners, and Mr. Rajendra Singh Shastri Jee (in Cr. Misc. No.47797 of 2015) and Mr. Arun Kumar Pandey (in Cr. Misc. No.48239 of 2015), learned Additional Public Prosecutors, appearing on behalf of the State.
In view of the fact that the accused above-named have been in custody since 7.6.2015 and 7.9.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and similarly situated coaccused has been granted bail by a Bench of this Court by the order, dated 31.7.2015, passed in Cr. Misc. No.20623 of 2015, perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties each, each of the like amount, subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Ara in connection
with Charpokhri Police Station Case No. 21 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) K.C.jha/- U T