Rajdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42940 of 2016 Arising Out of Dumaria PS.Case No. -44 of 2016 Thana - DUMARIA District- GAYA ======================================================

1. Rajdeo Yadav Son of Indradeo Yadav Resident of village- Sildiliya, Police Station- Dumaria, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is second application, made under Section 439 of the Code of Criminal Procedure, seeking bail by the petitioner, namely, Rajdeo Yadav, in connection with Dumaria P.S. Case No. 44 of 2016 under Sections 272 of the Indian Penal Code and Section 47(a)(e) of the Bihar Excise (Amendment) Act, 2016 inasmuch as the petitioner's earlier application for bail has already been disposed of as withdrawn by order, dated 20.08.2016, passed in Cr.Misc.No. 35776 of 2016.

Perused the above application and materials on record.

Heard Mr. Niraj Kumar, learned Counsel for the

Patna High Court Cr.Misc. No.42940 of 2016 (3) dt.05-10-2016 petitioner, and Mr. S.P.S.Yadav, 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 13.06.2016 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-petitioner 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 Additional Chief Judicial Magistrate,, Sherghatti (Gaya), in connection with Dumaria Police Station Case No. 44 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.

Patna High Court Cr.Misc. No.42940 of 2016 (3) dt.05-10-2016 In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari,CJ) A.I./- U