Ram Pravesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35989 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Pravesh Prasad, S/o Late Lala Yadav Resident of Village - Badarabad, P.S. - Ekangarsarai, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash, Adv. Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Ram Pravesh Prasad, in connection with Ekangarsarai P.S. Case No.12 of 2016, under Sections 399, 401, 402 of the Indian Penal Code and 25(1-b)a/26/35 of the Indian Arms Act, 1878.

Perused the above application and materials on record.

Heard Mr. Shyamal Prakash, learned Counsel for the petitioner, and Mr. Uma Shankar Prasad Singh, APP, 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.35989 of 2016 (2) dt.20-08-2016 2/3 been in custody since 13.01.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and similarly situated co-accused have been granted bail by a Bench of this Court by the orders, dated 12.07.2016 and 26.07.2016, passed in Cr. Misc. Nos.23697 of 2016 and 29635 of 2016 respectively, 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 Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Ekangarsarai P.S. Case No.12 of 2016.

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.35989 of 2016 (2) dt.20-08-2016 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, CJ) K.C.jha/- U T