Lalit Kumar @ Lalit Kumar Rai @ Bablu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6923 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -BUDDHACOLONY District- PATNA ====================================================== LALIT KUMAR @ LALIT KUMAR RAI @ BABLU RAI, Son of Kailash Prasad Rai, resident of Village Jagdishpur P.S. Pusa District Samastipur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bhavesh Kumar, Advocate. For the Opposite Party : Mr. Ataur Rahman, A.P.P. 191. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Buddha Colony P.S. Case No. 145 of 2016 for the offences instituted under Sections 147, 148, 149, 386, 504 and 506 of the IPC.
The prosecution story, in brief, is that the informant is a contractor and his work is going on at Navodaya Vidyalaya at Muzaffarpur. While he is going on under CPWD on 12.03.2016 at 10.00 A.M., he received a call on his Mobile No. 9546479543 from Mobile No. 9525811657. The person who phoned him
Patna High Court Cr.Misc. No.6923 of 2017 (2) dt.13-02-2017 2/3 disclosed his name as Gobind and in abusive language told that without paying Rangdari how he has started his work. He also told that he works for Shambhu Singh and Mantu Singh and made demand of Rs. 5,00,000/-. On 23.04.2016, Mantu Sharma, Shambhu Sharma and others arrived at his site with weapon and stopped the work as a result of which, the work has been stopped. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He is not named in the FIR. The informant in the statement recorded under Section 164 Cr. P.C. also not named the petitioner. The petitioner has been made accused in course of investigation merely on the basis of suspicion. There is no substantive evidence to suggest his implication in the present case. 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 in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Buddha Colony P.S. Case No. 145/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.6923 of 2017 (2) dt.13-02-2017 3/3 satisfaction of the learned C.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T