Bhushan Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56897 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Bhushan Kunwar, son of Late Triveni Kunwar, Resident of VillageMonyappa, P.S. Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Surendra Kumar (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 accused-petitioner, namely, Bhushan Kunwar, in connection with Matihani Police Station Case No. 115 of 2015, under Sections 147/148/149/447/326/307 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Perused the above application and materials on record. Heard Mr. Amit Kumar, learned Counsel for the petitioner, and Mr. Surendra Kumar, 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 21.07.2015 in connection with the case aforementioned and though charge sheet has been 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

Patna High Court Cr.Misc. No.56897 of 2015 (2) dt.16-03-2016 2/2 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 Judicial Magistrate, 1st Class, Begusarai, in connection with Matihani Police Station Case No. 115 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.

Mkr./- (I.A. Ansari, ACJ.) U T