Jitendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45677 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -KHUDWAN District- AURANGABAD ======================================================

1. Jitendra Singh Son of Raghu Nandan Singh

2. Akshay Kumar Singh Son of Kunwar Singh Both resident of village - Chanda, Police Station - Khudwan, District - Aurangabad .... .... Petitioners

Versus

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

For the Petitioners : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 07-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Jitendra Singh and Akshay Kumar Singh, in connection with Khudwan Police Station Case No. 20 of 2015, under Sections 341/323/324/325/379/307/504/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Kamlendra Prasad Singh, learned Counsel for the petitioner, and Mr. Parmanand Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. Heard also Mr. Anil Kumar, learned Counsel, appearing for the informant.

In view of the fact that the accused above-named have been in custody since 31.07.2015 in connection with the

Patna High Court Cr.Misc. No.45677 of 2015 (2) dt.07-10-2015 2/2 case aforementioned and perusal of the materials available does not reveal such incriminating materials coupled with the fact that the eye-witnesses account is contradicted by the finding of the Doctor, which would warrant further detention of the accusedpetitioner 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 Sub Divisional Judicial Magistrate, Aurangabad, in connection with Khudwan Police Station Case No. 20 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) Pawan/- U T