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Patna High CourtCR. MISC./51559/2016allowed

Rajeev Kumar Singh And ANR v. The State Of Bihar

2017-02-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51559 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Rajeev Kumar Singh Son of Sri Maheshwari Prasad

2. Sri Hari Darshan Singh @ Hari Darshan Prasad Singh Son of Late Subhash Prasad Singh Both are residents of village Matihani, Police Station Matihani, in the district of Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are accused in connection with Pirbahore P.S. Case No. 90 of 2016 registered under Sections 386, 387/34120B of the I.P.C.

During course of tender, informant, Kamal Sethi being representative of C/O M/s Bom Infra B-201, Nehru Ground, Faridabad, Haryana was participating. At that very time, one Chhotu Kumar claiming himself to be brother of Ritlal Yadav along with others having duly armed approached and threatened the informant that in case, Rs. 80 lakhs is not paid as rangdari, he will not be able to get the tender, contrary to it, they will be eliminated. After registration of the case as is evident, the chargesheet had already been submitted against some of the accused

Patna High Court Cr.Misc. No.51559 of 2016 (3) dt.10-02-2017 2/2 keeping the investigation pending and during course thereof, it is evident that at subsequent occasion, different accused persons were arrested from the said spot, out of whom, one Sanjeev Kumar had confessed and the name of the petitioner transpired therein, on account thereof, he has been made an accused against whom, supplementary charge-sheet has been submitted keeping the investigation pending.

Learned counsel appearing on behalf of the petitioners submits that there is no reliable material against the petitioners, except the confessional statement. Further submission is that petitioners are in custody since 16.08.2016 and similarly situated co-accused namely, Jai Prakash has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 51894 of 2016 on 20.12.2016.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Patna in connection with Pirbahore P.S. Case No. 90 of 2016. (Arvind Srivastava, J) Shail/- U T