Paras Kumar @ Abhay Kumar @ Parash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51056 of 2014 Arising Out of Ara Nawada PS.Case No. -376 of 2010 Thana -ARA NAWADA, District- BHOJPUR ======================================================
1. Paras Kumar @ Abhay Kumar @ Parash Son of Manohar Prasad Resident of Professor Colony, Nawadah, Police Station + District Nawadah .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 02-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Paras Kumar @ Abhay Kumar @ Parash, in connection with Ara Nawada Police Station Case No. 376 of 2010 under Sections 406/420/34 of the Indian Penal Code. Perused the above application, materials available in the case diary and materials on record including a copy of the order, dated 21.10.2014, passed, in A.B.P. No.1105 of 2014, by the learned Sessions Judge, Bhojpur, Ara, dismissing the said application for pre-arrest bail.
Heard Mr. Arun Kumar, learned counsel for the petitioner, and Mr. Anish Chandra, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.51056 of 2014 (5) dt.02-07-2015 In view of the fact that perusal of the 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 pre-arrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner abovenamed shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Ara Nawada Police Station, Bhojpur.
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, Ara Nawada Police Station, 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 him from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the
Patna High Court Cr.Misc. No.51056 of 2014 (5) dt.02-07-2015 Officer-in-Charge, Ara Nawada Police Station, District Bhojpur. Send also a copy of this order, forthwith, to the Superintendent of Police, Bhojpur, Ara, by fax. (I. A. Ansari, J) A.I./- U