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Patna High CourtCR. MISC./50278/2015bail granted

Abhishek Singh v. The State Of Bihar

2015-12-01The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50278 of 2015 Arising Out of PS.Case No. -234 Year- 2015 Thana -MASRAKH District- SARAN ======================================================

1. Abhishek Singh, Son of Fulendra Singh, resident of Village- Jajauli, Police Station- Masarakh, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Lalan Kumar(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 01-12-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Abhishek Singh, in connection with Masarakh Police Station Case No. 234 of 2015, under Sections 302/304B/498A/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Gajendra Kumar Singh, learned Counsel for the petitioner, and Mr. Lalan Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named, who is the brother of the husband of the deceased, has been in custody since 22.7.2015 in connection with the case aforementioned and though charge sheet has been submitted,

Patna High Court Cr.Misc. No.50278 of 2015 (2) dt.01-12-2015 2/2 trial has not yet commenced and 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, Saran at Chapra, in connection with Masarakh Police Station Case No. 234 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