Satyendra Rai @ Bhulan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51288 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Satyendra Rai @ Bhulan Rai Son of Mohan Rai Resident of Naya Tola Kerma, P.S.-Kurhani, District-Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Archana Sinha @ Archana Shahi, Advocate For the Opposite Party : Mr. Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.
Petitioner is languishing in custody since 22.06.2016 in connection with Kurhni P.S.Case No.90 of 2016 for offence alleged under Section 392 of the Indian Penal Code. The prosecution case, in short, is that the informant while returning from his shop to his residence, all of a sudden few persons overtook him by their motorcycle and snatched the motorcycle of the informant and cash of Rs.9,000/-. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that petitioner is not named in the FIR, no test identification parade has been done so far and that chargesheet has already been submitted, hence, there is no chance
Patna High Court Cr.Misc. No.51288 of 2016 (2) dt.01-12-2016 2/2 of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail.
From perusal of materials on record, it appears that chargesheet has already been submitted and the petitioner's release from custody would not adversely affect his trial. Thus, in the interest of justice and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Manish Pandey, learned Judicial Magistrate, Ist Class, Muzaffarpur in connection with Kurhani P.S.Case No.90 of 2016.
It is further made clear that this direction for bail is further subject to the condition that the petitioner will 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 stands allowed.
(Nilu Agrawal, J) B.Kr./- U T