Manoj Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44153 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Manoj Kumar Dubey S/o Bechan Dubey R/o Vill- Dihara, P.S.- Kudra, Dist- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, 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, Manoj Kumar Dubey, in connection with Aurangabad (Muffasil) Police Station Case No. 116 of 2016, under Section 47 of the Bihar Excise (Amendment) Act, 2016. Perused the above application and materials on record.

Heard Mr. Ashok Kumar Singh, learned Counsel for the petitioner, and Mr. Ashok Kumar Singh, 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 03.07.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.44153 of 2016 (2) dt.05-10-2016 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 the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) Police Station Case No. 116 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