Birendra Sahni @ Tinga @ Tinga Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43878 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Sahni @ Tinga @ Tinga Sahni S/o Late Ramadhari Sahani aged about 45 years resident of Village- Hathiyahi, P.S.- Piprakothi, Dist- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh, Adv. For the Opposite Party/s : Smt. Madhuri Lata, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Birendra Sahni @ Tinga @ Tinga Sahni, in connection with Pipra Kothi P.S. Case No.115 of 2016, under Sections 47(a), 53(c) and 54 of Bihar Excise Amendment Act, 2016.

Perused the above application and materials on record.

Heard Mr. Gopal Sharan Singh, learned Counsel for the petitioner, and Smt. Madhuri Lata, 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 07.08.2016 in connection with the case aforementioned and perusal of the materials available does not

Patna High Court Cr.Misc. No.43878 of 2016 (2) dt.04-10-2016 2/2 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 the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case No.115 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) K.C.jha/- U T