IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8477 of 2009 SUNIL KUMAR Versus STATE OF BIHAR ----------- For the petitioner : Mr. Surendra Kr. Singh, Sr. Advocate For the States : Mr. Arun Kumar Singh, A.P.P. 2 30.04.2009 Petitioner SUNIL KUMAR is in custody since 17.12.2008 in connection with Sherghati P.S. Case No. 151 of 2008 on the allegation of having extorted Rs. 1,42,000/- from the informant on the pretext of getting him a job in the army. From perusal of the impugned order dated 19.2.2009 of the learned Presiding Judge, Fast Track Court No. V, Gaya, in B.P. No. 11 of 2009 / 68 of 2009, it appears that the witnesses whose statement appears in paragraphs 3, 15, 16 and 18 of the case diary have fully supported the prosecution case and the supervision note of the S.D.P.O., Sherghati also reveals that he has found the case to be true and the charge sheet has already been submitted against the petitioner. The story propounded on behalf of the petitioner to show the aforesaid case to be one which is by way of counter blast to the Complaint Case No. 126 of 2008 filed by the petitioner is his defence and cannot be considered at the present moment even for purposes of bail. The petitioner has also relied on Annexure 3 which appears to be an Office Order dated March 2008 showing that services of one Rakesh Kumar shall stand terminated with effect 2 from the expiry of a period of one month from the date on which this notice is served on or as the case may be rendered to him. The notice also discloses the parentage and address of the said Rakesh Kumar which fortunately coincided with the parentage and address given by the informant in the written report submitted by him. From above it is apparent that the said Rakesh Kumar, the informant, was already in temporary service with the C.R.P.F. at Mokamaghat and that his services had been terminated by Office Order dated 31.3.2008 and the instant written report on the basis whereof the police case was registered was submitted on 10.5.2008. Informant does not appear to have come with clean hand since he has suppressed the material fact of his employment with C.R.P.F. In the facts and circumstances of the case petitioner SUNIL KUMAR is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghati in connection with Sherghati P.S. Case No. 151 of 2008. Spd/- (Abhijit Sinha, J.)