Sandeep Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33640 of 2016 Arising Out of PS.Case No. -270 Year- 2016 Thana -KOTWALI District- PATNA ======================================================
1. Sandeep Kumar Jha, son of Sri Indumauli Jha, resident of villageChampanagar, P.S.- Nathnagar, District- Bhagalpur, at present house no. N/Y-89 (Near Jhun Jhun Mahal), New Yarpur, P.S.- Gardanibagh, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Akhileshwar Prasad Singh, Senior Advocate Mr. Navin Kumar Sinha, Advocate Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE CAV ORDER 7/ 26-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sandeep Kumar Jha, in connection with Special Case No.32 of 2016 arising out of Kotwali Police Station Case No.270 of 2016, under Sections 420, 465, 467, 468, 471, 120-B, 188 and 201 of the Indian Penal Code and Sections 8, 9, 13(1) (e) read with Section 13(2) of the Prevention of Corruption Act.
Perused the above application and materials on record.
Heard Mr. Akhileshwar Prasad Singh, learned Senior
Patna High Court Cr.Misc. No.33640 of 2016 (7) dt.26-09-2016 2/3 Counsel for the petitioner, and Mr. Rajendra Singh Shastriji, 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 12.06.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available on record 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 `10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Special Judge, Vigilance, 1st, Patna, in connection with Special Case No.32 of 2016 arising out of Kotwali Police Station Case No. 270 of 2016.
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/her from disclosing such facts to the Court or to any police officer or
Patna High Court Cr.Misc. No.33640 of 2016 (7) dt.26-09-2016 3/3 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,CJ) JA/- U T