Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35709 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -SANGRAMPUR District- MUNGER ======================================================

1. Pappu Yadav, son of Prakash Yadav, Resident of village- Amgadhawa, P.S.- Belhar, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surender Prasad Singh, Adv. For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 28-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Pappu Yadav, in connection with Sangrampur P.S. Case No.28 of 2015, (G.R. No.488/15), under Sections- 341, 323 and 302/34 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Surender Prasad Singh, learned Counsel for the petitioner, and Mr. Shailendra Kumar (No.2), learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the petitioner that he is not named in the F.I.R. and, though the informant, who is eyewitness, has named assailants of her husband, she has not

Patna High Court Cr.Misc. No.35709 of 2015 (2) dt.28-08-2015 2/3 named the present accused-petitioner.

In view of the fact that the accused above-named has been in custody since 18.05.2015 in connection with the case aforementioned, though charge sheet has been submitted, trial has not commenced as yet, 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 available on record does not reveal that the accusedpetitioner'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 Mr. Ranjan Kumar Mishra, Judicial Magistrate, 1st Class, Munger, in connection with Sangrampur P.S. Case No.28 of 2015 (G.R. No.488/2015).

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

Patna High Court Cr.Misc. No.35709 of 2015 (2) dt.28-08-2015 3/3 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) K.C.jha/- U T