Awadhesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36006 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Awadhesh Kumar Yadav Son of late Vakil Yadav, Resident of villageMahuli, Police Station- Rosera, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 07-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Awadhesh Kumar Yadav, in connection with Rosera Police Station Case No. 118 of 2016, under Sections 379/411 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Abhimanyu Sharma, learned Counsel for the petitioner, and Mr. Tapeshwar Sharma, 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 08.04.2016 in connection with the case aforementioned and though charge sheet has been submitted and

Patna High Court Cr.Misc. No.36006 of 2016 (2) dt.07-09-2016 2/2 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 the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his 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 of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera, at Samastipur, in connection with Rosera Police Station Case No. 118 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 below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari,CJ) Mkr./- U T