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Patna High CourtCR. MISC./47214/2015bail granted

Md. Sakit Ansari @ Md. Sakil Ansari And ANR v. The State Of Bihar

2015-10-16The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47214 of 2015 Arising Out of PS.Case No. -145 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Md. Sakit Ansari @ Md. Sakil Ansari, Son of Md Amanant Miyan

2. Md. Wakil, son of Md. Nejam, Both resident of village- Singarpur, P.S. Dhoraiya in the District of Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashutosh Jha, Adv. For the Opposite Party/s : Mr. Harendra Prasad(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Md. Sakit Ansari @ Md. Sakil Ansari and Md. Wakil, in connection with Dhoriya Police Station Case No. 145 of 2015, under Sections 147/148/149/324/307/504/506 of the Indian Penal Code and Sections 3 and 4 of Explosive Substances Act.

Perused the above application and materials on record.

Heard Mr. Ashutosh Jha, learned Counsel for the petitioners, and Mr. Harendra Prasad, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.47214 of 2015 (2) dt.16-10-2015 2/3 In view of the fact that the accused above-named have been in custody since 22.6.2015 in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 30.9.2015, passed in Cr. Misc. No.45140 of 2015, 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 learned Judicial Magistrate, Chief Judicial Magistrate, Banka, in connection with Dhoriya Police Station Case No. 145 of 2015.

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.47214 of 2015 (2) dt.16-10-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T