Hare Ram Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36068 of 2016 Arising Out of PS.Case No. -248 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Hare Ram Yadav, son of Rajo Yadav.
2. Pandav Yadav, son of Rajo Yadav. Both resident of village- Durgapur, P.S. Muffassil, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. Miss. Anita Kumari, Adv.
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Hare Ram Yadav and Pandav Yadav, in connection with Khagaria (Mufassil) Police Station Case No. 248 of 2016, under Sections 147, 379, 307 and 504 of the Indian Penal Code and 27 of the Arms Act, 1959.
Perused the above application and materials on record.
Heard Mr. Ram Sumiran Rai, learned Counsel for the petitioners, and Mr. Anand Kishore Choudhary, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named
Patna High Court Cr.Misc. No.36068 of 2016 (2) dt.08-09-2016 2/3 have been in custody since 10.07.2016 in connection with the case aforementioned and similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 20.08.2016, passed in Cr. Misc. No.35140 of 2016, 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, Khagaria, in connection with Khagaria (Mufassil) Police Station Case No. 248 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.36068 of 2016 (2) dt.08-09-2016 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