Kumar Madhur Bhushan Malviya @ Manish Singh @ Kumar Madhu Prasad Malviya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17745 of 2016 Arising out of PS.Case No. -859 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Kumar Madhur Bhushan Malviya @ Manish Singh @ Kumar Madhu Prasad Malviya, Son of Late Mohan Singh, resident of Village- Langarpur, Police Station- Barh, District- Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is languishing in custody since 04.07.2015 in connection with Bihta P.S. Case No. 859 of 2014 for the offences instituted under Sections 363 and 365/34 of the IPC. Subsequently, Section 364/34 of the IPC was also added. The prosecution story, in brief, is that on 14.11.2014, the informant received information that 18 persons having armed with deadly weapons came from five vehicles at the house of the informant and forcibly took his uncle Raju Singh with them. On this information, when the informant reached at his house and it came to know that Mokama MLA, Anant Singh, by taking the help of Bandu Singh and other 16 persons, have committed this occurrence. It is further alleged that earlier he had demanded Rs. 10 Crore as Rangdari for which a case was also lodged in Sri
Patna High Court Cr.Misc. No.17745 of 2016 (9) dt.29-08-2016 2/2 Krishnapuri P.S. Apart from the above, the informant also alleged that earlier too Anant Singh had purchased 6 1⁄2 Katha land at Boring Road, in which Rs. 1.75 Crore is still due. So due to money transaction, this occurrence has been committed by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in course of investigation. The other co-accused have been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. Nos. 22676 of 2016 and 27851 of 2016.
On behalf of the learned counsels for the informant and the State, it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 A.C.J.M., Danapur, Patna, in connection with Bihta P.S. Case No. 859 of 2014. (Sudhir Singh, J) U.K./- U T