Diwakar Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33526 of 2016 Arising Out of PS.Case No. -241 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Diwakar Kumar Sah son of Shivji Sah R/O Village-Pachgachia Ward No.5 P.S. Narpatganj, Distt-Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

With regard to demand of extortion from Hari Kishore Singh, Forbesganj PS Case No. 241/2016 was registered and during course of investigation, petitioner who happens to be retailer of Idea SIM, a SIM Company was intercepted who confessed his guilt regarding using the SIM bearing No. 7079421589 on the basis of forged document allegedly belonging to Sumit Rai and further on his confessional statement the said mobile was seized having aforesaid SIM from the possession of Abhishek Kumar.

From order of the learned Sessions Judge, Araria, it is evident that Sumit Rai had not complained that petitioner had obtained SIM under deceitful means after getting document from

Patna High Court Cr.Misc. No.33526 of 2016 (2) dt.18-08-2016 his possession. Moreover, recovery is from Abhishek Kumar. Petitioner happens to be under custody since 15.06.2016.

Accordingly, petitioner, Diwakar Kumar Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj PS Case No. 241/2016.

(Aditya Kumar Trivedi, J) perwez U T