Mathura Bhuiyan And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.44513 of 2016 (2) dt.06-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44513 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -KASMA District- AURANGABAD ======================================================
1. Mathura Bhuiyan son of late Sublakh Bhuiyan.
2. Bhuneshwar Bhuiyan, Son of late Ram Rup Bhuiyan.
3. Akhilesh Yadav @Langata son of late Ramdas Yadav.
4. Rameshray Yadav @Ghura son f late Moti Yadav. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakib Ayaz, Advocate For the Opposite Party/s : Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Mathura Bhuiyan, Bhuneshwar Bhuiyan, Akhilesh Yadav @ Langata and Rameshray Yadav @ Ghura, in connection with Kasma P.S. Case No. 29 of 2016, under Sections 147,148,149,341,386,307,435,427,504 and 506 of the Indian Penal Code, 27 of the Arms Act and 17 C.L.A Act. Perused the above application and materials on record.
Heard Mr. Shakib Ayaz, learned Counsel for the petitioners, and Mr. Bharat Lal, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named have been in custody since 06.08.2016 in connection with the case aforementioned and though charge sheet has been
Patna High Court Cr.Misc. No.44513 of 2016 (2) dt.06-10-2016 submitted, 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-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' 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/- with two sureties each, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Kasma P.S. Case No. 29 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) Prakash/- U T