Laxman Baitha And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.35506 of 2015 (2) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35506 of 2015 Arising Out of Parsa PS.Case No. -87 of 2015 Thana -PARSA District- SARAN ======================================================

1. Laxman Baitha, Son of late Basanti Baitha

2. Amti Baitha, son of Laxman Biatha, Both resident of Village Mukund Banauta P.S Parsa, District Saran , Chapra., .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood(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 accusedpetitioners, namely, Laxman Baitha and Amit Baitha, in connection with Parsa Police Station Case No. 87 of 2015, under Sections 366A/504 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Bhavesh Kumar, learned Counsel for the petitioners, and Mr. Iftekhar Mahmood, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named have been in custody since 19.06.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial

Patna High Court Cr.Misc. No.35506 of 2015 (2) dt.26-08-2015 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-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their 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 Sri Vivek Rai, the learned Judicial Magistrate, 1st Class, Saran, in connection with Parsa Police Station Case No. 87 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