Divesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47201 of 2015 Arising Out of PS.Case No. -199 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Divesh Kumar, Son of Suresh Mahto, Resident of Village-Jagdishpur Babadham, P.S.-Suryagadha, District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv. For the Opposite Party/s : Mrs. Anuradha Singh(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 accusedpetitioner, namely, Divesh Kumar, in connection with Mithanpura Police Station Case No. 199 of 2015, under Sections 420/467/468/472/419/120B of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Surendra Kumar Mishra, learned Counsel for the petitioner, and Mrs. Anuradha 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 5.8.2015 in connection with the case

Patna High Court Cr.Misc. No.47201 of 2015 (2) dt.16-10-2015 2/3 aforementioned and similarly situated co-accused have been granted bail by a Bench of this Court by the order, dated 6.10.2015, passed in Cr. Misc. No.45962 of 2015, perusal of the materials 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 accusedpetitioner'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, Muzaffarpur, in connection with Mithanpura Police Station Case No. 199 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.47201 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