Babla Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35504 of 2015 Arising Out of Kasim Bazar PS.Case No. -1 of 2015 Thana - KASIMBAZAR, District- MUNGER ======================================================

1. Babla Sharma, Son of Ashwani Sharma, resident of Village- Muksuspur, Mania Chouraha, P.S. Kasim Bazaar, District Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Opposite Party/s : Mr. Smt. Anita Kumari(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 26-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Babla Sharma, in connection with Kasim Bazar Police Station Case No. 01 of 2015, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Perused the above application and materials on record. Heard Mr. Tarkeshwar Prasad Verma, learned Counsel for the petitioner, and Smt. Anita Kumari, 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 01.01.2015 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

Patna High Court Cr.Misc. No.35504 of 2015 (2) dt.26-08-2015 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 Smt. Rachna Shrivastava, the learned Judicial Magistrate, 1st Class, Munger, in connection with Kasim Bazar Police Station Case No. 01 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, ACJ) A.I./- U