Jakir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44996 of 2016 Arising Out of PS.Case No. -175 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jakir Ali, son of Abdul Gaffar, Resident at Naznee Chowk, Ganj No.2, P.S. Bettiah Town, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Prasad, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Jakir Ali, in connection with Bettiah Town Police Station Case No. 175 of 2014, under Sections 25(1-b)A, 26, 35 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Mukesh Kumar, learned Counsel for the petitioner, and Mr. Satyendra Prasad, 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 07.12.2015 in connection with the case

Patna High Court Cr.Misc. No.44996 of 2016 (2) dt.18-10-2016 2/3 aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 13.02.2015, passed in Cr. Misc. No.5557 of 2015, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioner 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town Police Station Case No. 175 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

Patna High Court Cr.Misc. No.44996 of 2016 (2) dt.18-10-2016 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