Radha Kishun And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45140 of 2016 Arising Out of PS.Case No. -177 Year- 2016 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Radha Kishun, son of Late Balabin

2. Krishna Prasad, son of Late Gupteshwar Prasad Both resident of village Baghutpur Bhim Tola, Police Station Arra Town, District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioners, namely, Radha Kishun and Krishna Prasad, in connection with G.R.P. Patna Jn. Police Station Case No. 177 of 2016, under Section 273 of the Indian Penal Code and Section 47 (a) of the Bihar Excise (Amendment) Act, 2016.

Perused the above application and materials on record.

Heard learned counsel for the petitioners and the State.

In view of the fact that the accused abovenamed has been in custody since 11.07.2016 in connection with the case aforementioned and perusal of the materials

Patna High Court Cr.Misc. No.45140 of 2016 (2) dt.18-10-2016 2/2 available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioners' liberty on bail would adversely affect their trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- each with two sureties, each of the like amount, subject to the satisfaction of the learned Railway Judicial Magistrate, Patna, in connection with G.R.P. Patna Jn. Police Station Case No. 177 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 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.) Prabhakar Anand/- U √ T √