Futush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54416 of 2015 Arising Out of Bihpur (Bhawanipur) PS.Case No. -57 of 2015 Thana -Bihpur District- Bhagalpur ======================================================

1. Futush Yadav Son of Late Barun Yadav, Resident of village - Narayanpur, Police Station ( Bhawanipur ) Bihpur, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Futush Yadav, in connection with Bihpur (Bhawanipur) Police Station Case No. 57 of 2015, under Sections 364/120(B)/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Rajesh Kumar Pandey, learned Counsel for the petitioner, and Mr. P.K.Jha, 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 19.06.2015 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.54416 of 2015 (2) dt.16-03-2016 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 Chief Judicial Magistrate, Nagachia, District Bhagalpur, in connection with Bihpur (Bhawanipur) Police Station Case No. 57 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./- U