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
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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.
(Shyam Kishore Sharma, J.)
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