Roshan Kumar Swarnkar @ Prem Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49447 of 2014 (04) dt.08-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49447 of 2014 Arising Out of PS.Case No. -398 Year- 2011 Thana -SAHARSA District- SAHARSA ====================================================== Roshan Kumar Swarnkar @ Prem Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha-Advocate For the Opposite Party/s : Mr. G.S.Gupta-(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

A demand of ransom was persistently made to informant, Dr. S. K. Ishwar from SIM No.9905892858 belonging to Tarkeshwar Pandey. During course of investigation, the aforesaid SIM has been traced out having in name of Rajan Kumar, who was indulged in the aforesaid activity. After apprehension of Rajan Kumar, he had made inculpatory extrajudicial confessional statement disclosing the petitioner to be his associate. Furthermore, it is apparent that basically police had proceeded in wrong direction by making reference of Madhepura P. S. Case no.336 of 2011 and using the materials having procured therein. Furthermore, it is apparent that not even a single farthing has been passed over. Moreover, petitioner happens to be under

Patna High Court Cr.Misc. No.49447 of 2014 (04) dt.08-05-2015 custody since 28.06.2014.

That being so, petitioner Roshan Kumar Swarnkar @ Prem Kumar is directed to 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa (Sadar) P. S. Case no.398 of 2011.

(Aditya Kumar Trivedi, J) Vikash/- U T