IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 4605 of 2011 Krishna Pratap Singh @ Munna Kumar, son of Ajodhya Prasad, resident of Mini L I C Colony, Chitra Gupta Nagar, Police Station – Patrakar Nagar, District – Patna - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 23.02.2011 The petitioner is in custody in relation to Siwan Town Police Station Case No 174 of 2010 registered under Sections 420, 406/34 of Indian Penal Code and Section 138 of Negotiable Instruments Act. In the first information report, it is alleged that the informant and others contributed for installation of a mobile tower on their land to be run by Bhartiya Internet Services Private Limited. The payment was made by the petitioner and other accused persons but the tower was not constructed. When the money was demanded, the informant and others were assaulted. On behalf of petitioner, it is submitted that the whole case is false and concocted. The petitioner is a contractor for Bhartiya Internet Services Private Limited for the purposes of installation of mobile towers. There being delay in installation of tower, this false case has been instituted against the petitioner who is a contractor. It is further submitted that at best it is a civil dispute as between the informant and said Company and petitioner has been wrongly implicated. It is also pointed out that the two other co-accused, namely, Kisan Kumar Jaiswal and Rahul Kumar have already been granted bail by this Court in Cr Misc No 38130 of 2010 and Cr Misc No 37537 of 2010 by orders dated 08.11.2010 and 19.11.2010 respectively. It is further pointed out that this fact that the other co-accused persons have been granted bail by this Court was 2 brought to the notice of the learned Additional Sessions Judge I, Siwan yet, ignoring the said, petitioner’s bail application was dismissed. On perusal of the ordersheet of the learned Judge, the fact appears to be correct which is unfortunate. Either the Judge suffered from incompetence or mental incapacity to conduct himself properly. Let a copy of this order be sent to the Judge concerned. In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Siwan in Siwan Town Police Station Case No 174 of 2010/Trial No 3824 of 2010. M.E.H./ (Navaniti Prasad Singh)