Baliram Singh @ Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44648 of 2016 Arising Out of Akbarpur PS.Case No. -46 Year- 2016 Thana - AKBARPUR District- NAWADA ======================================================

1. Baliram Singh @ Balram Singh S/o Late Matukdhari Singh, R/o Village Kaithir, P.S.- Hisua, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Baliram Singh @ Balram Singh, in connection with Akbarpur Police Station Case No. 46 of 2016, under Sections 147/341/323/307/328/302 of the Indian Penal Code inasmuch as the petitioner's earlier application for anticipatory bail has already been dismissed as withdrawn by order, dated 17.08.2016, passed in Cr.Misc.No. 27131 of 2016. Perused the above application and materials on record.

Heard Mr. Patanjali Rishi, learned Counsel for the petitioner, and Mr. S.K.Singh, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.44648 of 2016 (2) dt.06-10-2016 It is submitted, on behalf of the accused-petitioner that co-accused, namely, Santosh Kumar has already been granted bail by the order, dated 04.10.2016, passed in Cr.Misc.No. 43886 of 2016 by this Court.

In view of the fact that the accused above-named has been in custody since 16.08.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and 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 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 Additional Chief Judicial Magistrate I, Nawada, in connection with Akbarpur Police Station Case No. 46 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

Patna High Court Cr.Misc. No.44648 of 2016 (2) dt.06-10-2016 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) A.I./- U T