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Patna High CourtCR. MISC./16385/2016bail granted

Lal Bahadur Sharma v. The State Of Bihar

2016-06-29The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16385 of 2016 Arising Out of PS.Case No. -29 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================

1. Lal Bahadur Sharma S/o Late Bindeshwari Sharma, Residents of Village- Lauwalagan, P.S.- Chousa, Tole Singhia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh, Advocate For the Opposite Party/s : Mrs. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-06-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Lal Bahadur Sharma, in connection with Chausa Police Station Case No. 29 of 2015, under Sections 147/148/149/323/324/325/307/302 of the Indian Penal Code and Section 3(i)(v)(x) of SC/ST Act.

Perused the above application and materials on record.

Heard Mr. Jagnnath Singh, learned Counsel for the petitioner, and Mrs. Pushpa Sinha, 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 04.04.2015 in connection with the case aforementioned and similarly situated co-accused have been granted bail by this Court by order, dated 16.03.2016, passed in

Patna High Court Cr.Misc. No.16385 of 2016 (2) dt.29-06-2016 2/2 Cr. Misc. No. 5392 of 2016, 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 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 Mr. Ashok Kumar-II, Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Chausa Police Station Case No. 29 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.

In terms of the above observations and directions, this bail application shall stand disposed of.

Mkr./- (I.A. Ansari, ACJ.) U T