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Patna High CourtCR. MISC./44312/2016bail granted

Krishna Vishwakarma v. The State Of Bihar

2016-10-05The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44312 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Krishna Vishwakarma son of Late Raju Vishwakarma, R/o Chaksaura Bazar, Police Station- Chiksaura, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash, Advocate For the Opposite Party/s : Mr. Binod Kumar, 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, Krishna Vishwakarma, in connection with Chikasaura Police Station Case No. 78 of 2016, under Section 25(1-AA)b/26 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Shyamal Prakash, learned Counsel for the petitioner, and Mr. Binod Kumar, 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 17.07.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.44312 of 2016 (2) dt.05-10-2016 2/2 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, Hilsa, Nalanda, in connection with Chiksaura Police Station Case No. 78 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.

In terms of the above observations and directions, this bail application shall stand disposed of.

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