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Patna High CourtCR. MISC./50997/2014bail granted

Prem Chandra Singh v. The State Of Bihar

2015-04-30The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50997 of 2014 Arising Out of PS.Case No. -204 Year- 2014 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Prem Chandra Singh, Son of Barhu Singh, Resident of Village - Bheni, P.S. - Mohaniya, District - Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate. For the Opposite Party/s : Mr. Sadanand Paswan (SPL. PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 30-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Prem Chandra Singh, in connection with Durgawati Police Station Case No. 204 of 2014 under Sections 448/341/328/379/504 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.

Perused the above application and materials on record including a copy of the order, dated 27.11.2014, passed, in A.B.P. No. 902(A) of 2014/1329 of 2014, by the learned Sessions Judge, Kaimur, at Bhabua, dismissing the said application for pre-arrest bail.

Heard Mr. Ajay Nandan Sahay, learned Counsel for the petitioner, and Mr. Sadanand Paswan, learned Special Public

Patna High Court Cr.Misc. No.50997 of 2014 (2) dt.30-04-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Durgawati Police Station, Kaimur.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Durgawati Police Station, Kaimur, at Bhabua, and make himself available for interrogation by police at all reasonable time and 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 them from disclosing such facts to the Court or to any police officer.

Patna High Court Cr.Misc. No.50997 of 2014 (2) dt.30-04-2015 3/3 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Durgawati Police Station, Kaimur, at Bhabua. Send also a copy of this order, forthwith, to the Superintendent of Police, Kaimur, At Bhabua, by fax. (I. A. Ansari, J.) Mkr./- U T