Md. Sahabuddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40573 of 2016 Arising Out of PS.Case No. -441 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Sahabuddin Son of Dabiruddin At-Salmari

2. Md. Serajul @ Sk. Serajul Son of Sukur Mohammad At-Titiarahi, both police station Azamnagar

3. Md. Haroon Son of Abdul Hamid At-Titiarahi, police station Azamnagar

4. Parsuram Mandal Son of Tulsi Mandal

5. Logen Mandal Son of Subodh Mandal both at Kusmol, Police StationHarishchandrapur,District-Malda

6. Dineshn sah @ Dinesh Son of Gaisul Sah At-Kaldroh,Police StationAzamnagar,Rest All District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Md. Arif, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Md. Sahabuddin, Md. Serajul @ Sk. Serajul, Md. Haroon, Parsuram Mandal, Logen Mandal and Dineshn sah @ Dinesh, in connection with Araria (R.S.) Police Station Case No. 441 of 2016, under Sections 147/149/341/342/323/324/307 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Mukesh Kumar Rana, learned Counsel

Patna High Court Cr.Misc. No.40573 of 2016 (2) dt.19-09-2016 2/3 for the petitioner, and Md. Arif, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named have been in custody since 11.07.2016 in connection with the case aforementioned and 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, Araria, in connection with Araria (R.S.) Police Station Case No. 441 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

Patna High Court Cr.Misc. No.40573 of 2016 (2) dt.19-09-2016 3/3 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