Shakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47151 of 2015 Arising Out of PS.Case No. -26 Year- 2007 Thana -PALASI District- ARRARIA ======================================================
1. Shakil, son of late Molai @ Ala Bux, resident of village- Chhoti Dubba, Police Station- Jokihat, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Shakil, in connection with Palasi Police Station Case No. 26 of 2007, under Sections 395/397 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Mukesh Kumar Rana, learned Counsel for the petitioner, and Mr. Arvind Kumar 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 8.4.2015 in connection with the case
Patna High Court Cr.Misc. No.47151 of 2015 (2) dt.16-10-2015 2/3 aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 2.12.2013, passed in Cr. Misc. No.39677 of 2013, perusal of the materials available does 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 accusedpetitioner'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 Shri S.
Mishra, learned Judicial Magistrate, 1st Class, Araria, in connection with Palasi Police Station Case No. 26 of 2007. 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,
Patna High Court Cr.Misc. No.47151 of 2015 (2) dt.16-10-2015 3/3 this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T