Tunma @ Md. Firoz Alias Faiyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45657 of 2015 Arising Out of PS.Case No. -20 Year- 2013 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Tunma @ Md. Firoz @ Faiyaj, Son of Amruddin, Resident of Pirpainty Bazar, Police Station - Pirpainti District - Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Binod Kumar -III(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Tunma @ Md. Firoz @ Faiyaj, in connection with Pirpainty Police Station Case No. 20 of 2013, under Sections 302/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Alok Kumar Alok, learned Counsel for the petitioner, and Mr. Binod Kumar-III, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 24.06.2015 in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated

Patna High Court Cr.Misc. No.45657 of 2015 (3) dt.29-10-2015 2/2 21.3.2014, passed in Cr. Misc. No.47106 of 2013, 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 Sub-Divisional Judicial Magistrate, Bhagalpur, in connection with Pirpainty Police Station Case No. 20 of 2013.

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