Dinesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48519 of 2015 Arising Out of PS.Case No. -275 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Dinesh Chaudhary, Son of Late Ram Briksh Chaudhary, Resident of village - Kaparpura, Police Station - Kanti, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raju Kumar, Advocate For the Opposite Party : Mr. Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 23-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Dinesh Chaudhary, in connection with Kanti Police Station Case No.275 of 2015 under Sections 354A of the Indian Penal Code and Sections 8, 12, 14 and 18 of the POSCO Act.

Perused the above application and materials on record.

Heard Mr. Raju Kumar, learned Counsel for the petitioner, and Mr. Satyendra Narayan 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 26.06.2015 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.48519 of 2015 (2) dt.23-11-2015 2/2 available on 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 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 1st Additional Sessions Judge-cum-Special Judge, POSCO, Muzaffarpur, in connection with Kanti Police Station Case No.275 of 2015 (Tr No.14/15).

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, ACJ) Sunil/- U T