Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44022 of 2016 Arising Out of PS.Case No. -142 Year- 2015 Thana -GHOSI District- JEHANABAD ======================================================
1. Dhananjay Kumar, Son of Ram Prit Yadav @ Ram Prit Prasad Residnt of village- Pritam Bigha, Police Station- Ghosi, District- Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Ashfaque Ahmad, Adv. For the Opposite Party/s : Smt Renu Kumari, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Dhananjay Kumar, in connection with Sessions Trial No.368 of 2016/50 of 2016, arising out of Ghoshi P.S. Case No.142 of 2015, under Sections 304B and 201/34 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Syed Ashfaque Ahmad, learned Counsel for the petitioner, and Smt. Renu Kumari, 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 16.04.2016 in connection with the case
Patna High Court Cr.Misc. No.44022 of 2016 (2) dt.04-10-2016 2/3 aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 18.07.2016, passed in Cr. Misc. No.27705 of 2016, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accusedpetitioner 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 Additional Sessions Judge-II, Jehanabad, in connection with Sessions Trial No.368 of 2016/50 of 2016, arising out of Ghoshi P.S. Case No.142 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.
Patna High Court Cr.Misc. No.44022 of 2016 (2) dt.04-10-2016 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T