Patna High Court - Orders
Jai Alam vs The State Of Bihar on 18 October, 2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45171 of 2016
Arising Out of PS.Case No. -75 Year- 2016 Thana -RAXAUL District- EAST CHAMPARAN
(MOTIHARI)
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Jai Alam, son of Jainul Hawari, resident of village Rampur, Police Station
Adapur (Harpur), District East Champaran
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III
For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL ORDER
2 18-10-2016This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Jai Alam, in connection with Raxaul Police Station Case No. 75 of 2016, under Sections 489A/489B/489C/489D/34 of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Sunil Kumar No. III, learned Counsel for the petitioner, and Mr. Rajendra Prasad Nat, 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 05.05.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on Patna High Court Cr.Misc. No.45171 of 2016 (2) dt.18-10-2016 2/2 record 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 Sub Divisional Judicial Magistrate, Raxaul, at Motihari, East Champaran, in connection with Raxaul Police Station Case No. 75 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 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.) Prabhakar Anand/-
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