Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46332 of 2015 Arising Out of PS.Case No. -194 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================

1. Santosh Kumar Yadav @ Santosh Yadav Son of Late Opi Yadav resident of village- Asaiy, P.S.- Nauhatta, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 12-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Santosh Kumar @ Santosh Yadav, in connection with Nauhatta Police Station Case No. 194 of 2014, under Section 366/34 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Pramod Mishra, learned Counsel for the petitioner, and Mr. Dinesh Singh, 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 10.08.2015 in connection with the case aforementioned and similarly situated co-accused have been granted bail by a Bench of this Court by order, dated 22.05.2015,

Patna High Court Cr.Misc. No.46332 of 2015 (2) dt.12-10-2015 2/2 passed in Cr. Misc. No.16974 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 Mr. Awdesh Kumar, Judicial Magistrate, 1st Class, Saharsa, in connection with Nauhatta Police Station Case No. 194 of 2014.

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.

Mkr./- (I.A. Ansari, ACJ) U