IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.8 of 2003 THE STATE OF BIHAR. Versus SHAMBHU DAS @ SAMBHU SINGH. ----------- 6 27-09-2010 Heard the parties. In compliance of this court’s earlier order the alleged contemnor, Tuntun Singh @ Ravi Ranjan Kumar is present in court. He has been identified by Mr. Rajkumar, learned counsel appearing on behalf of him. Shorn of unnecessary details, the allegation against the alleged contemnor is that he disclosed his name in a telephonic talk with learned Additional District Judge, IV, Barh with a view to pressurize to grant bail to one accused Shiv Kumar Das. The alleged contemnor is said to be a Chela of Mahanth Shiv Kumar Das @ Shiv Narayan Das of Jalgovind Math. Learned Additional District Judge disclosed the telephone no. which was used for threatening and that was found to be of the Math. At the relevant time the Mahanth was in jail and when the police went to enquire into the matter the alleged contemnor was not found at the Math and the telephone line was found disconnected. 2 For a long time this court tried to ensure the presence of the alleged contemnor but he could not be traced. Ultimately, when permanent non bailable warrant was issued he appeared in the court below and also before this court. In the show cause a stand has been taken that his name might have been used by some other persons, may be his enemies including the informant of the particular case in which the alleged contemnor was made an accused. It has further been submitted that the telephone was not a personal telephone of this contemnor and there was every possibility of its used by others. Considering the entire facts and circumstances, we find that although there are materials raising suspicion against the contemnor but there is no reliable material to hold that it was he who gave threatening on the telephone to the learned Additional District Judge. Hence, giving him benefit of doubt, this contempt proceeding is dropped. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)