Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35733 of 2015 Arising Out of PS.Case No. -277 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhikhari Yadav, S/o- Late Yadolal Yadav, Resident of Village- Karmava Madhopur (Yadav Tola), P.S.- Sugauli, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamala Kant Tiwary, Adv. For the Opposite Party/s : Mr. Manoj Kr. 1 (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, Bhikhari Yadav, in connection with Turkauliya (Banjariya) Police Station Case No. 277 of 2015 (G.R. No.1586 of 2015), under Sections- 323, 363, 366(A) and 504 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Kamla Kant Tiwary, learned Counsel for the petitioner, and Mr. Manoj Kumar (No.1), learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted on behalf of the petitioner that he has falsely been implicated in this case and co-accused have

Patna High Court Cr.Misc. No.35733 of 2015 (2) dt.28-08-2015 2/3 already been granted anticipatory bail.

In view of the fact that the accused above-named has been in custody since 26.05.2015 in connection with the case aforementioned 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 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 Chief Judicial Magistrate, Motihari (East Champaran), in connection with Turkauliya (Banjariya) Police Station Case No. 277 of 2015 (G.R. No.1586 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.

Patna High Court Cr.Misc. No.35733 of 2015 (2) dt.28-08-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T