Chandan Mandal @ Chandar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44103 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -BHAIRABASHTHAN District- MADHUBANI ======================================================
1. Chandan Mandal @ Chandar Mandal, son of Shivdew Mandal Resident of Village-Shuklarahi, P.S.-Bhairav Asthan, District-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Adv. For the Opposite Party/s : Md. Aslam Ansari, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Chandan Mandal @ Chandar Mandal, in connection with Sessions Trial No.289 of 2016, arising out of Bhairav Asthan P.S. Case No.17 of 2016, under Sections 302 and 201 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Vinay Ranjan, learned Counsel for the petitioner, and Md. Aslam Ansari, 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.44103 of 2016 (2) dt.05-10-2016 2/3 has been in custody since 24.05.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 30.08.2016, passed in Cr. Misc. No.26893 of 2016, 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 Additional Sessions Judge-VII, Madhubani, in connection with Sessions Trial No.289 of 2016, arising out of Bhairav Asthan P.S. Case No.17 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
Patna High Court Cr.Misc. No.44103 of 2016 (2) dt.05-10-2016 3/3 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 shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T