Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25776 of 2016 Arising out of PS.Case No. -1 Year- 2016 Thana -DORIGANJ District- SARAN ====================================================== Santosh Rai, Son of Sukhnandan Rai, resident of Village- Balwan Tola, PS Doriganj District Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.01.2016 in connection with Doriganj P.S. Case No. 01 of 2016 for the offences instituted under Sections 387, 427, 506, 120(B) of the IPC, 3,4, 5 of the Explosive Substance Act, 17 of the C.L.A. Act and 10, 13,16, 17, 18 and 20 of the U.A.P. Act. The prosecution story, in brief, is that the informant received information that in Badalpur Village, Moist exploded the Generator room. The informant saw the incident on 21.01.2016. After that near the Generator room, three pamphlets were found and written by red ink and demanding the levy by construction company and also written the Mobile No. 7091948391 name of

Patna High Court Cr.Misc. No.25776 of 2016 (3) dt.16-08-2016 2/2 Amin Sahani, village-Diha and in the second Pamphlet threatening was given for fulfill the levy otherwise result will be very bad. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the F.I.R. The name of the petitioner has come in the restatement of the informant. The other co-accused has been granted bail vide Annexure-2 to the present application. On behalf of 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.-VII, Saran at Chapra, in connection with Doriganj P.S. Case No. 01/2016. U.K./- (Sudhir Singh, J) U T