Birendra Rai @ Virendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51319 of 2015 ======================================================
1. Birendra Rai @ Virendra Rai, son of Bharath Rai, resident of VillageBiswnthpur, Police Station- Dumara, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51922 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Suraj Rai, son of Basudev Rai, resident of village- Ashwari Banjariya, P.S. Kathaiya, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.51319 of 2015) For the Petitioner/s : Mr. Raju Kumar, Adv. For the Opposite Party/s : Mr. Ashok Kr.Singh No.1(APP) (In Cr.Misc. No.51922 of 2015) For the Petitioner/s : Mr. Yugal Kishore, Adv. For the Opposite Party/s : Mr. P.N.Pandit (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 03-12-2015 These are the applications, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Birendra Rai @ Virendra Rai and Suraj Rai, in connection with Mithanpura Police Station Case No. 03 of 2015, under Section 414 of the Indian Penal Code and Section 52 of Prisoner Act.
Perused the above application and materials on
Patna High Court Cr.Misc. No.51319 of 2015 (2) dt.03-12-2015 2/3 record.
Heard Mr. Raju Kumar and Mr. Yugal Kishore, learned Counsel for the petitioners, and Mr. Ashok Kumar Singh No.1 and Mr. P.N. Pandit, learned Additional Public Prosecutors, appearing on behalf of the State respectively. In view of the fact that the accused above-named have been in custody since 4.1.2015 and 28.1.2015 respectively in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their 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, each of the like amount, subject to the satisfaction of, learned Chief Judicial Magistrate, Muzaffarpur, in connection with Mithanpura Police Station Case No. 03 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
Patna High Court Cr.Misc. No.51319 of 2015 (2) dt.03-12-2015 3/3 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, these bail applications shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T