Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20859 of 2016 Arising Out of PS.Case No. -362 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Nitish Kumar son of Late Rajeshwari Prasad Singh, resident of villagePoari, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Anju Kumari @ Anju Narain, Adv For the Opposite Party/s : Mr. Ajay Kumar-II(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, Nitish Kumar, in connection with Harnaut Police Station Case No. 362 of 2014, under Sections 308/341/323/504/337 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mrs. Anju Kumari @ Anju Narain, learned Counsel for the petitioner, and Mr. Ajay Kumar-II, 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 16.06.2015 in connection with the case aforementioned and charge sheet has been submitted, and perusal of the materials available on record does not reveal such

Patna High Court Cr.Misc. No.20859 of 2016 (2) dt.29-06-2016 2/2 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 abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Additional Sessions Judge-III, Biharsharif, Nalanda, in connection with Harnaut Police Station Case No. 362 of 2014 corresponding to Sessions Trial No.446 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