Akhlakh Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43835 of 2016 Arising Out of PS.Case No. -515 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Akhlakh Ahmad son of Sk. Ohad, resident of village- Sitwarpur, P.S. Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Akhlakh Ahmad, in connection with Shikarpur Police Station Case No. 515 of 2015, under Sections 302/201/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Aditya Nath Jha, learned Counsel for the petitioner, and Mr. Ataur Rahman, 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 19.06.2016 in connection with the case aforementioned and similarly situated co-accused has been granted bail by a Bench of this Court by the order, dated 31.05.2016, passed in Cr. Misc. No.23335 of 2016, coupled with

Patna High Court Cr.Misc. No.43835 of 2016 (2) dt.04-10-2016 2/2 the fact that 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur Police Station Case No. 515 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) Mkr./- U T