Suresh Kumar Rai @ Suresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36013 of 2016 Arising Out of PS.Case No. -425 Year- 2015 Thana -PATORI District- SAMASTIPUR ======================================================
1. Suresh Kumar Rai @ Suresh Rai S/o Late Pramod Rai resident of Village-Rupauli, Chaksima, P.S. Patori, District Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 and 440 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Suresh Kumar Rai @ Suresh Rai, in connection with Patori Police Station Case No. 425 of 2015, under Sections 147, 148, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code.
Perused the above application and materials on record. Heard Mr. Bijay Bhushan Prasad, learned Counsel for the petitioner, and Mr. Narendra Kumar Singh, 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 11.07.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact the
Patna High Court Cr.Misc. No.36013 of 2016 (2) dt.08-09-2016 2/2 co-accused of this case, namely, Yadubansh Kumar has already been granted bail by this Court by order, dated 29.07.2016, passed in Criminal Miscellaneous No. 30020 of 2016 and further that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect her 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 Chief Judicial Magistrate, Samastipur, in connection with Patori Police Station Case No. 425 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.
(I.A. Ansari, CJ) sunil/- U