IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35285 of 2010 Tarun Singh, Son of Late Sadhu Singh, village- Gawaspur, P.S. Gaurichak, District-Patna -------------- Petitioner Versus STATE OF BIHAR ----------- 04 28-01-2011 Heard Sri Ramakant Sharma, learned Senior Counsel appearing on behalf of the petitioner, Sri R.B. Roy Raman, learned Addl. Public Prosecutor as well as Sri Shri Nandan Singh, learned counsel for the informant. The petitioner, who is in custody in Ram Krishna Nagar P.S. Case No.29 of 2010 for the offences under Sections 341,448, 384, 387, 323 and 307/34 of the Indian Penal Code, has prayed for grant of bail. The petitioner is in custody on an accusation made by the informant, who was Junior Engineer that the petitioner along with one another was pressurizing for payment of Rs.7 Lac out of the project fund. On refusal, the informant was brutally assaulted by butt of the pistol. Learned counsel for the petitioner submits that the petitioner was an executing agent of contractor, in whose favour contract work was awarded by the department. He had gone only for enquiry in respect of pending bills. However, on false accusation the petitioner was made accused. Sri Shri Nandan Singh, learned counsel appearing on behalf of the informant has strongly opposed the prayer for bail. It was submitted that on non-fulfilment of demand, the informant was 2 brutally assaulted and he became unconscious and thereafter this F.I.R. was lodged. Learned Addl. Public Prosecutor has vehemently opposed the prayer for bail. It was submitted that the petitioner is also having criminal antecedent. The petitioner is in custody since 5.5.2010. So far as criminal antecedent is concerned, antecedent report shows that he was an accused in a case, which was registered in the year 2004 relating to commission of offence under the Arms Act. Keeping in view the nature of accusation and period of custody, 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 Smt. Kalpana Srivastava, Judicial Magistrate, 1st Class, Patna in connection with Ram Krishna Nagar P.S. Case No.29 of 2010. NKS/- ( Rakesh Kumar, J.)