Rajeev Kumar Singh @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3993 of 2017 Arising Out of PS.Case No. -176 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Rajeev Kumar Singh @ Rajeev Kumar, son of Ram Mohan Singh, Residents of Village- Madhopur, P.O. - Moglaniya, P.S.-Madhuban, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar, Advocate For the Opposite Party : Mr. Khurshid Anwar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 176 of 2015, registered for the offence punishable under Section 384/34 of the Indian Penal Code.

Allegedly, after lodging of Muzaffarpur Town P.S. Case No. 340 of 2014 and Kanti P.S. Case No. 316 of 2013 on mobile and also after coming at his residence threats were caused to withdraw the case otherwise to kill him and to explode his house and further the petitioner on 16.11.2014 from his mobile caused threats to the informant.

Submission is of false implication and that the First

Patna High Court Cr.Misc. No.3993 of 2017 (2) dt.27-02-2017 2/2 Information Report has been lodged on 08.03.2015 whereas allegedly threats was caused on 16.11.2014 by the petitioner from his mobile, there is no call detail report. The allegation as alleged appears not reliable and probable. The petitioner is not an accused in Kanti P.S. Case No. 316 of 2013 and in Muzaffarpur P.S. Case No. 340 of 2014 the petitioner has been allowed pre-arrest bail and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that F.I.R. has been lodged after much delay and there is no explanation for the same and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 176 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U