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Patna High CourtCR. MISC./36035/2016bail granted

Tinku Kumar v. The State Of Bihar

2016-09-08The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36035 of 2016 Arising Out of PS.Case No. -198 Year- 2014 Thana -WARSALIGANJ District- NAWADA ====================================================== Tinku Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 and 440 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Tinku Kumar, in connection with Warsaliganj Police Station Case No. 198 of 2014, under Sections 302, 201, 120B/34 of the Indian Penal Code.

Perused the above application and materials on record. Heard Mr. Man Mohan Kumar, learned Counsel for the petitioner, and Mr. Nagendra Prasad, 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 06.06.2016 in connection with the case aforementioned and though charge sheet has been submitted 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 the co-accused of this case, namely, Makeshwarnath@Matenddranath Buwan Kumar, Ram Parvesh Mahto and Manoj Kumar have

Patna High Court Cr.Misc. No.36035 of 2016 (2) dt.08-09-2016 2/2 already been granted bail by this Court by orders, dated 27.01.2015, 08.05.2015, 13.01.2016 and 22.04.2016 respectively, passed in Criminal Miscellaneous No. 3089 of 2015, 11411 of 2015, 53164 of 2015 and 8939 of 2016 respectively, and further that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect her trial, it is, in the interest of justice, hereby directed that the accused abovenamed 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, Nawada, in connection with Warsaliganj Police Station Case No. 198 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.

(I.A. Ansari, CJ) sunil/- U