Ganga Yadav @ Ganga Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35546 of 2015 Arising Out of Bihra PS.Case No. -21 of 2015 Thana -BIHRA District- SAHARSA ======================================================

1. Ganga Yadav @ Ganga Prasad Yadav, S/o Raghu Nandan Yadav, resident of village -Lokaha, P.s Supaul, District Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Smt. Sahin Begam(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, Ganga Yadav @ Ganga Prasad Yadav, in connection with Bihra Police Station Case No. 21 of 2015, under Sections 25(1-B) a/26/35 of the Arms Act, 1959. Perused the above application and materials on record.

Heard Mr. Bhaskar Shankar, learned Counsel for the petitioner, and Smt. Shahin Begum, 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 has already been granted bail. In view of the fact that the accused above-named has been in custody since 02.02.2015 in connection with the case

Patna High Court Cr.Misc. No.35546 of 2015 (2) dt.26-08-2015 aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available on 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 above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Shri V.N. Prasad, the learned Judicial Magistrate, 1st Class, Saharsa, in connection with Bihra Police Station Case No. 21 of 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 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