Chhotu Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45123 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -SAHAR District- BHOJPUR ====================================================== Chhotu Kahar, son of Jay Nandan Prasad @ Jay Nandan Singh, resident of village Chhotaki Kharaon, Police Station Sahar, District Bhojpur at Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Chhotu Kahar, in connection with Sahar Police Station Case No. 64 of 2016, under Sections 385/386/387/307/435/504/506/427 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Perused the above application and materials on record.

Heard Mr. Manoj Kumar, learned Counsel for the petitioner, and Mr. Ahmad Ali, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused abovenamed has been in custody since 08.07.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on

Patna High Court Cr.Misc. No.45123 of 2016 (2) dt.18-10-2016 2/2 record 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 abovenamed 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, Bhojpur, at Ara, in connection with Sahar Police Station Case No. 64 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.) Prabhakar Anand/- U √ T √