IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.12455 OF 2011 GUMMAN HEMBRAM SON OF LATE GANESH HEMBRAM, R/O VILL- TAMKULIYA, P.S.- BARHAT, DISTRICT- JAMUI VERSUS THE STATE OF BIHAR ---------------------------------- 4 04/08/2011 Heard Mr. Anwar Karim, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 302, 364A of the Indian Penal Code and Section 27 of the Arms Act and 10, 13 and 16 of the Prevention of Unlawful Activities Act. One Ramesh Hembrum is the main accused of the case which has resulted on the basis of fard- beyan of Mukesh Kumar whose father Upendra Sharma got the contract of repairing of canal under the Ajan Jalashay Scheme through the tender. The scheme was of rupees ten crores. Immediately after receipt of the contract telephone calls were made by Ramesh Hembrum for payment of levy of rupees five lacs by way of extortion. Earlier work was stopped. Later on the work was re-started and again the extortion money was demanded. Subsequently, Ramesh Hembrum and others caught the informant’s father and he was taken towards jungle. Later on his dead body was found. 2 Submission is that the petitioner’s culpability has come during the investigation only on the basis of confessional statement of co-accused Bhuneshwar Yadav who has stated that this petitioner has shot at Upendra Sharma. It has been submitted that except that there is nothing on the record. Considering the fact that the investigating agency has found the link of the petitioner with the offence only on the basis of statement which was ex- culpatory in nature, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Jamui in connection with Barhat P.S. Case No. 56 of 2010. avin (Shyam Kishore Sharma, J.)