IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42525 of 2010 VIVEKANAND JHA @ BIBEKANAND JHA, SON OF SHRI SANEHITA NAND JHA, RESIDENT OF VILLAGE PANCHGACHHIYA, P.S. BIHARA, DISTRICT SAHARSA. Versus THE STATE OF BIHAR ----------- 2. 17.1.2011. Heard Shri Chitranjan Sinha, learned Senior Counsel for the petitioner and Shri Ajay Kumar Jha, learned Additional Public Prosecutor. The petitioner, who is in custody in Bihra P.S. Case No.114 of 2010 for the offence under Sections 384 and 385 of the Indian Penal Code, has prayed for grant of bail. Accusation as per F.I.R. is that the petitioner, while working as Booth Level Officer, after obtaining illegal gratification, was granting Election Photo Identity Card. It was alleged by the informant that while he was conducting enquiry, he was threatened telephonically by the informant. Learned Senior Counsel submits that even from the F.I.R., no offence under Section 384 of the Indian Penal Code is made out since there is no complain of putting 2 N.H./ pressure for demanding any money. It was submitted that so far as Section 385 of the Indian Penal Code is concerned, same is bailable. It was further submitted that petitioner is in custody since 19.10.2010 and he is a Government teacher. Learned Public Prosecutor has vehemently opposed the prayer for bail. It was submitted that witnesses have supported the prosecution case, which was refuted by Shri Sinha. Be that as it may, keeping in view the nature of accusation and period of custody, let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in Bihra P.S. Case No.114 of 2010. ( Rakesh Kumar,J.)