Md. Salauddin @ Md. Salahuddin And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36040 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -BAUSI District- PURNIA ======================================================
1. Md. Salauddin @ Md. Salahuddin son of Md. Ismail @ Israil, R/o Village- Nayatoli, Kumharwa, P.S.-Baisi, District- Purnea
2. Md. Ekram son of Late Rafique, R/o Village- Gehumma, P.S.- Dagaruwa, District- Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan, Advocate Dr. Vijoya Lakshmi Singh, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Md. Salauddin @ Md. Salahuddin and Md. Ekram, in connection with Baisi Police Station Case No. 12 of 2014, under Sections 379/411/414/120B/348 of the Indian Penal Code and Section 3⁄4 of Damage of Public Property Act. Perused the above application and materials on record.
Heard Dr. Bidhu Ranjan, learned Counsel for the petitioners, and Mr. Surendra Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named
Patna High Court Cr.Misc. No.36040 of 2016 (2) dt.08-09-2016 2/3 have been in custody since 12.07.2016 and 26.06.2016 respectively, in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 12.07.2016, passed in Cr. Misc. No.22431 of 2016, coupled with the fact that 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 accused-petitioners' liberty on bail would adversely affect their 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, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with Baisi Police Station Case No. 12 of 2014.
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.
Patna High Court Cr.Misc. No.36040 of 2016 (2) dt.08-09-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of.
(I.A. Ansari,CJ) Mkr./- U T