Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44009 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Gautam Yadav, son of Late Bhuneshwar Yadav Resident of Village - Karhara, P.S. - Jhajha, District - Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar, Adv. For the Opposite Party/s : Smt. Indu Kumari Srivastava, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Gautam Yadav, in connection with Jhajha P.S. Case No.122 of 2016, under Sections 399 and 402 of the Indian Penal Code and 25(1-b) a, 26 and 35 of the Arms Act. Perused the above application and materials on record.

Heard Mr. Amarendra Kumar, learned Counsel for the petitioner, and Smt. Indu Kumari Srivastava, 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 04.07.2016 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.44009 of 2016 (2) dt.04-10-2016 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 Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.122 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) K.C.jha/- U T