Madan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46692 of 2014 Arising out of Fatuha PS.Case No. -123 of 2014 Thana -FATUHA District- PATNA ======================================================

1. Madan Prasad, Son of Raj Nandan Prasad, resident of villageMayabigha, P.S.- Masaurhi, District- Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Hari Shankar Roy For the Opposite Party : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 11-02-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail by the accusedpetitioner, namely, Madan Prasad, in connection with Fatuha P.S.Case No. 123 of 2014, under Sections 399/402 of the Indian Penal Code and Section 25(I)B-a of the Arms Act, 1959. Perused the above application and materials on record. Heard Mr. Hari Shankar Roy, learned counsel for the petitioner, and Ms. Renuka Ratnakar, learned APP, appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 14.04.2014 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does

Patna High Court Cr.Misc. No.46692 of 2014 (2) dt.11-02-2015 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, Patna City. 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 directions, this bail application shall stand disposed of.

(I. A. Ansari, J) A.I./- U T