Sunil Kumar @ Sunil Kumar Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6002 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- SANHAULA District- Bhagalpur ======================================================

1. Sunil Kumar @ Sunil Kumar Mandal, age about 30 years, male, Son of Late Panchu Mandal

2. Muneshwar Kumar @ Muneshwar Yadav, age about 30 years, male, Son of Suresh Yadav, Both Resident of Village - Mahiyama, P.S.- Sanhaula, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Firoz Ahmad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 02.11.2018, in a case registered for the offences punishable under Sections 384 and 386/34 of the IPC.

The prosecution case, as per the written report of A.S.I., Makbul Ahmad, dated 02.11.2018, submitted to the Station House Officer, Kahalgaon Police Station, is to the effect that on the same day at about 5 A.M., S.D.O., Kahalgaon informed the informant that some persons are collecting money as extortion from the truck drivers at the behest of police personnel, whereupon a raid was laid and on chase, four FIR named accused persons including the petitioners were apprehended.

Patna High Court Cr.Misc. No.6002 of 2019(2) dt.04-02-2019 2/2 From the petitioner no.1, cash amount of Rs. 2400/- and a mobile phone and from petitioner no.2, cash amount of 2500/-, a mobile and a Honda Shine motorcycle without registration number plate were recovered.

It is submitted by learned counsel for the petitioners that the entire accusation is based on mere suspicion and no truck driver has complained about any extortion demand. A statement has been made in paragraph no.3 of the petition that the petitioners are also made accused in one other case, but in that case, they are on bail.

Learned APP submits that the accusation against the petitioners is that they were found demanding money as extortion from the truck drivers.

Considering the suspicious nature of accusation and the fact that the investigation has already been concluded, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Sanhaula P.S. Case No. 146 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T