Patna High CourtCR. MISC./47834/2015rejected

Bijay Choubey v. The State Of Bihar

2015-11-05The Chief Justice2 pages

Patna High Court Cr.Misc. No.47834 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47834 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bijay Choubey, son of Prajapatti Choubey, resident of village - Nand Tola Khajuriya, Police Station - Sathi, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 05-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Bijay Choubey, in connection with Sathi Police Station Case No. 108 of 2015, under Sections 272/273/308/414/34 of the Indian Penal Code, Section 47 of Excise Act and Sections 10/13/16/17 of Unlawful Activities (Prevention) Act, pending in the court of Shri Kumar Sudhanshu, learned Judicial Magistrate, 1st Class, Bettiah, District- West Champaran.

Perused the above application and materials on record.

Heard Mr. Brij Kishor Mishra, learned Counsel for the petitioner, and Mr. Chandra Bhushan Prasad, learned

Patna High Court Cr.Misc. No.47834 of 2015 (2) dt.05-11-2015 Additional Public Prosecutor, appearing on behalf of the State. Considering the nature of incriminating materials available against the accused above-named, this Court is of the view that at this stage, the accused above-named shall not be allowed to go on bail.

In view of the above and in the interest of justice, the prayer for bail is hereby rejected at this stage. It is submitted that the petitioner may be allowed to renew his prayer for bail after two months.

Considering the matter in entirety and in the interest of justice, it is made clear that the petitioner shall be at liberty to apply for bail, as has been sought for on his behalf. This bail application shall stand disposed of accordingly.

(I.A. Ansari, ACJ) K.C.jha/- U T