Lalan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35945 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -SONBERSA District- SAHARSA ======================================================

1. Lalan Choudhary Son of Late Sita Ram Choudhary, Resident of Village - Ladari, P.S. - Sonbarsa Raj, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-08-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Lalan Choudhary, in connection with Sonbarsa Raj Police Station Case No. 70 of 2016, under Sections 272/273 of the Indian Penal Code and Sections 47 and 53 of Bihar Excise (Amendment) Act, 2016.

Perused the above application and materials on record.

Heard Mr. Binod Kumar Sinha, learned Counsel for the petitioner, and Mr. Brajendra Nath Pandey, 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 12.07.2016 in connection with the case aforementioned and perusal of the materials available does

Patna High Court Cr.Misc. No.35945 of 2016 (2) dt.20-08-2016 2/2 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. S. Das, Judicial Magistrate, 1st Class, Saharsa, in connection with Sonbarsa Raj Police Station Case No. 70 of 2016.

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,CJ) Mkr./- U T