Rahul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19667 of 2017 Arising Out of PS.Case No. -70 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Singh Son of Late Ram Rekha Singh, Resident of Village- Dumari Baiju, P.S.- Patahi, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2017 Heard both sides.
The petitioner seeks bail in Phenhara P.S. Case No. 70 of 2015 registered under Sections 386, 387 and 34 of the Indian Penal Code.
The informant named Manoj Singh and alleged that Manoj Singh and others came on the road construction site on five motorcycles and demanded extortion of Rs. 50 lakhs. The accused persons disclosed that Manoj Singh is the chief of Azad Hind Fauz and they also assaulted the staff and fled away. Learned counsel for the petitioner submits that the name of the petitioner figured in the case in the confessional statement of co-accused Manoj Singh. The police arrested the
Patna High Court Cr.Misc. No.19667 of 2017 (2) dt.01-05-2017 2/2 petitioner and forcibly took his confessional statement. The petitioner was not put on T.I.P. The petitioner is in jail since 27.01.2016. Similarly situated co-accused Sunny Kumar Singh has already been enlarged on bail vide order dated 15.07.2016 passed in Cr. Misc. No. 24251 of 2016. The case of the petitioner stands on same footing. Petitioner has remained in jail for more than fifteen months. Of course, the petitioner has got criminal antecedent, but except confessional statement of the co-accused, there is no other material against the petitioner. Considering the facts aforesaid and the petitioner has already remained in jail for more than fifteen months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Motihari, East Champaran in connection with Phenhara P.S. Case No. 70 of 2015.
(Prabhat Kumar Jha, J) Mishra/- U T