Sanjay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46398 of 2015 Arising Out of PS.Case No. -98 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Sanjay Kumar Chaudhary, Son of Late Mahendra Chaudhary R/o Village- Ashogi, Ward No. 7, P.S.- Bairginia, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 15-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sanjay Kumar Chaudhary, in connection with Bairginia Police Station Case No. 98 of 2015, under Sections 379/411/414/34 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Ashok Kumar Jha, learned Counsel for the petitioner, and Mr. Anusuiya Jaiswal, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody in this case since 8.6.2015 in connection with the case aforementioned and though charge sheet has

been submitted, trial has not yet commenced and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 3.9.2015, passed in Cr. Misc. No.35508 of 2015, 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 Chief Judicial Magistrate, Sitamarhi, in connection with Bairginia Police Station Case No. 98 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) K.C.jha/- U T