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Patna High CourtCR. MISC./45166/2016bail granted

Julmi Chaudhary @ Julmi Choudhary v. The State Of Bihar

2016-10-18The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45166 of 2016 Arising Out of PS.Case No. -195 Year- 2014 Thana -BIHPUR District- BHAGALPUR ====================================================== Julmi Chaudhary @ Julmi Choudhary, son of Tribeni Choudhary, resident of village Loniyachak, Police Station Parwatta, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== 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 accused-petitioner, namely, Julmi Chaudhary @ Julmi Choudhary, in connection with Bihpur Police Station Case No. 195 of 2014, under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Perused the above application and materials on record.

Heard Mr.

Ravi Shanker Pankaj, learned Counsel for the petitioner, and Mr. Mustaque Alam, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused abovenamed has been in custody since 21.05.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on

Patna High Court Cr.Misc. No.45166 of 2016 (2) dt.18-10-2016 2/2 record 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 abovenamed 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, Naugachia, in connection with Bihpur Police Station Case No. 195 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 below, as may be directed. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ.) Prabhakar Anand/- U √ T √