Jakir Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44271 of 2016 Arising Out of PS.Case No. -837 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Jakir Ali, son of Abdul Gaffar Resident at Naznee Chowk, Ganj No. 2, P.S. Bettiah Town, District West-Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Smt. Nirmala Kumari, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Jakir Ali, in connection with Bettiah Town P.S. Case No.837 of 2013, under Sections 147, 148, 149, 323, 448, 380, 506, 307 of the Indian Penal Code and 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Mukesh Kumar, learned Counsel for the petitioner, and Smt. Nirmala 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 07.12.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials

Patna High Court Cr.Misc. No.44271 of 2016 (2) dt.05-10-2016 2/2 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No.837 of 2013.

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) K.C.jha/- U T