Bali Rajbhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51505 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Bali Rajbhar, Son of Late Shiv Kumar Rajbhar, Resident of VillageKhadaura, P.S.-Chainpur, District-Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 02-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Shivsagar (Baddi) P.S. Case No.167 of 2016 registered under Sections 341, 323, 342, 365 and 506 of the Indian Penal Code besides Sections 13, 17 and 20 of the U.A.P.A. Act. The accusation is that the informant, who used to do the work of construction of the bridge under Rural works Department as a partner, received threatening on his mobile with regard to stop the work through Mobile No.7765977299. On query, the caller disclosed his name as Rakesh Mishra, then the informant refused to stop the work. Thereafter, the informant received
Patna High Court Cr.Misc. No.51505 of 2017 (2) dt.02-11-2017 2/3 information through his Munshi Vijay Kumar Gupta on his mobile about taking of the tractor driver, namely, Dharmendra Paswan, by 10-15 unknown miscreants towards the forest by causing assault. Thereafter, the call was made through the mobile of Harendra Kumar Singh on Mobile No.7765977299 to release the driver of the tractor.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner and others has come in this case by the co-accused Bijay Rajbhar. Except that, there is nothing against the petitioner to connect him in the commission of the alleged offence. Further submission is that after being arrested in this case, the petitioner has been made accused in one another case, as detailed in paragraph-3 to this application. The similarly situated co-accused Dhupan Singh, whose name has also come in the confessional statement of the co-accused Bijay Rajbhar, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 07.03.2017 passed in Criminal Misc. No.7065 of 2017 Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail
Patna High Court Cr.Misc. No.51505 of 2017 (2) dt.02-11-2017 3/3 on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Shivsagar (Baddi) P.S. Case No.167 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T