Saroj Kumar Jha @ Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44687 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -KAMTAUL District- DARBHANGA ====================================================== Saroj Kumar Jha @ Saroj Kumar, Son of Shobha Kant Jha, Resident of Village- Dudhail, Police Station Bishfi, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwanath Prasad Singh, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, 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 accusedpetitioner, namely, Saroj Kumar Jha @ Saroj Kumar, in connection with Kamtaul Police Station Case No. 117 of 2016, under Sections 272/120 of the Indian Penal Code and Section 47(ka)(chha) of the Bihar Excise (Amendment) Act, 2016. Perused the above application and materials on record.

Heard learned counsel for the petitioner and the State. In view of the fact that the accused above-named has been in custody since 12.07.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.44687 of 2016 (2) dt.06-10-2016 2 / 2 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 Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Mr. Samim Raza, learned Judicial Magistrate, 1st Class, Darbhanga, in connection with Kamtaul Police Station Case No. 117 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) Mkr./- U T