Bibhuti Kumar @ Bibhuti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60858 of 2017 Arising Out of PS.Case No. -70 Year- 2009 Thana -PARBATTA District- BHAGALPUR ====================================================== Bibhuti Kumar @ Bibhuti Singh, son of Rajendra Prasad Singh alias Rajendra Mandal, resident of village-Jichho, P.S. Lodipur, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 14-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parwatta P.S. Case No.70 of 2009 registered under Sections 324, 307 and 302/34 of the Indian Penal Code.

The accusation is that before 11⁄2 years, Sunil Singh, Sanjiv Singh and Babloo Singh alias Rajeev Ranjan took Rs.1,10,000/- from the informant for installation of tower of Tata Indicom and Voda Phone but the tower was not fixed. On demanding the money, they used to give threatening regarding which the informant had given information in the court. During that period, Bibhuti Singh (petitioner), Guddu Yadav, Gholtan Yadav and others used to visit at the spot introducing themselves

Patna High Court Cr.Misc. No.60858 of 2017 (2) dt.14-12-2017 2/3 to be Engineer, Officer and Contractor. Babloo Singh alias Rajiv Ranjan asked the informant to accompany him to his house for giving the money. While the informant refused but, on request, the informant took cash Rs.25000/- from him. When the informant received the aforesaid money, Babloo Singh alias Rajiv Ranjan accompanied the informant and when they reached at Kalwalia, he stopped the cycle, where four persons started to cause assault to the informant through fists and slaps and caused injury to him through knife and took the money. Learned counsel for the petitioner submits that it would appear from the F.I.R. that cash Rs.1,10,000/- was taken by the informant for installation of the tower of Tata Indicom and Voda Phone by Sunil Singh, Sanjiv Singh and Babloo Singh alias Rajiv Ranjan. The petitioner and others used to visit at the spot introducing themselves to be Engineer, Officer and Contractor. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachhia (Bhagalpur), in

Patna High Court Cr.Misc. No.60858 of 2017 (2) dt.14-12-2017 3/3 connection with Parwatta P.S. Case No.70 of 2009, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T