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Patna High CourtCR. MISC./40552/2016bail granted

Dinesh Paswan @ Palli @ Palli Paswan v. The State Of Bihar

2016-09-19The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40552 of 2016 Arising Out of PS.Case No. -195 Year- 2015 Thana -PARSABAZAR District- PATNA ======================================================

1. Dinesh Paswan @ Palli @ Palli Paswan S/o Late -Raman Paswan R/o Bahri Dhawalpura P.s-Bypass District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand Kumar, Adv. For the Opposite Party/s : Mr. S. Ehteshamuddin, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Dinesh Paswan @ Palli @ Palli Paswan, in connection with Parsa Bazar P.S. Case No.195 of 2015 (Sessions Trial No.310 of 2016), under Section 395 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Nityanand Kumar, learned Counsel for the petitioner, and Mr. S. Ehteshamuddin, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted, on behalf of the petitioner, that nothing has been recovered from the petitioner and his name has

Patna High Court Cr.Misc. No.40552 of 2016 (2) dt.19-09-2016 2/3 surfaced on the basis of confession.

In view of the fact that the accused above-named has been in custody since 12.12.2015 in connection with the case aforementioned and though charge sheet has been 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-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 the learned Additional Sessions Judge-X, Patna, in connection with Parsa Bazar P.S. Case No.195 of 2015 (Sessions Trial No.

310 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.

Patna High Court Cr.Misc. No.40552 of 2016 (2) dt.19-09-2016 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