Jai Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51894 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Jai Prakash S/o Sri Raj Kumar Yadav R/o Mohalla Gulabighat, P.S. Sultanganj, Distt. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rewti Kant Raman, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner as well as learned APP.

During course of tender, informant, Kamal Sethi being representative of C/O M/S Bom Infra B-201, Nehru Ground, Faridabad, Haryana was participating. At that very time, one Chhotu Kumar claiming himself to be brother of Ritlal Yadav along with others having duly armed approached and threatened the informant that in case Rs. 80 Lacs is not paid as Rangdaari, he will not be able to get the tender, contrary to it, they will be eliminated. After registration of the case as is evident, the chargesheet had already been submitted against some of the accused keeping the investigation pending and during course thereof, it is evident that at subsequent occasion different accused persons were arrested from the said spot out of whom one Sanjeev Kumar had confessed and the name of the petitioner transpired therein, on

Patna High Court Cr.Misc. No.51894 of 2016 (3) dt.20-12-2016 account thereof, he has been made an accused against whom, supplementary charge-sheet has been submitted keeping the investigation pending.

Virtually, no legal evidence has been collected by the Investigating Officer against the petitioner save and except inculpatory extra-judicial confessional statement of a co-accused coupled with the fact that petitioner has got no criminal antecedent as per para-3 of the petition. Other co-accuse has also been released on bail.

Accordingly, petitioner, Jai Prakash 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, Patna in Pirbahore PS Case No. 90/2016. (Aditya Kumar Trivedi, J) perwez U T