Ajit Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.25192 of 2016 (04) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25192 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Ajit Kumar Singh, son of Late Baleshwar Singh, resident of Village: Bindaul, Police Station : Khizersarai, District : Gaya, At present resident of Road No. 1, Bindaul Niwas, Sidharthpuri, Manpur, Police Station : Muffasil, District : Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh-Advocate For the Opposite Party/s : Mr. Madhuranand Jha-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, who happens to be representative of a registered firm, had gone to railway office for filing tender, found so many persons assembled there since before and during course thereof, one Chhotu Kumar along with 20-25 unknown persons came and asked for Rs.80,00,000/- as rangdari. They have further stated that on failure, one of the employees of the firm is bound to lose his life. Then thereafter, the aforesaid Chhotu Kumar got line connected with one Rit Lal Yadav, who had also threatened in same manner.

From the case diary, it is evident from Para-6 that petitioner was apprehended on 02.04.2016, near same railway office and on search, from his possession Rs.44,000/- in cash

Patna High Court Cr.Misc. No.25192 of 2016 (04) dt.13-07-2016 along with golden chain, two golden rings were recovered. Apart from this, as is evident from Para-7, he had made inculpatory extra-judicial confessional statement. Then thereafter, it is evident that I.O. became steriled with regard to petitioner. At the other end got clue regarding one Mukesh Kumar as is evident from Para-49 of the case diary, who was apprehended and further, as is evident from Para-57, made his inculpatory extra-judicial confessional statement. Furthermore, from Para-68 of the case diary, it is evident that aforesaid Mukesh Kumar was only put on T.I.P. and as per Para-79 of the case diary, Mukesh Kumar was identified by the informant as the person who had demanded the money though chargesheet had already been submitted as is evident from Para-84 of the case diary, but the reason best known to the I.O. petitioner was not put on T.I.P. and further, save and except inculpatory extra-judicial confessional statement, nothing more has been collected.

Accordingly, petitioner, Ajit Kumar Singh is directed to be released 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 Chief Judicial Magistrate, Patna in connection with Pirbahore P. S. Case no.90 of 2016. (Aditya Kumar Trivedi, J) Vikash/- U T