Sanjay Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35406 of 2015 Arising Out of Hisua PS.Case No. -153 of 2011 Thana -HISUA District- NAWADA ======================================================

1. Sanjay Rajbanshi, S/O Bhola Rajbanshi, R/O Village- Sarsu Tapsi Nagar, P.S.- Atari, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Vinod Shankar Modi(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 26-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sanjay Rajbanshi, in connection with Hisua Police Station Case No. 153 of 2011 (Sessions Trial No.19 of 2015), under Sections 395/397 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Rina Sinha, learned Counsel for the petitioner, and Mr. Vinod Shanker Modi, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the accused-petitioner that some of the co-accused have already been granted bail. In view of the fact that the accused above-named has been in custody since 24.08.2014 in connection with the case

Patna High Court Cr.Misc. No.35406 of 2015 (2) dt.26-08-2015 aforementioned, and the trial has commenced 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 Sessions Judge-I, Nawada, in connection with Hisua Police Station Case No. 153 of 2014 (Sessions Trial No. 19/15).

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, ACJ) A.I./- U