Baijnath Ram @ Baidhya Nath Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4698 of 2019 Arising Out of PS. Case No.-118 Year-2017 Thana- GAUNAHA District- West Champaran ======================================================

1. Baijnath Ram @ Baidhya Nath Ram, age 35 years (Male), Son of Bharat Ram

2. Kanhaiya Ram, aged 50 years (Male), Son of Dasrath Ram

3. Banarsi Ram, aged 30 years (Male), Son of Kanhaiya Ram.

4. Surendra Manjhi @ Surender Manjhi, aged 30 years (Male), Son of Lalan Manjhi, all Resident of Village - Lachhnauta, P.S.- Gaunaha, District-West Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 354, 447 and 387 of the IPC and Section 27(1)(2) of the Arms Act.

The prosecution case, as per the written report of Vidhu Devi, dated 02.12.2017, submitted to the Station House Officer, Gaunaha Police Station, is to the effect that on 12.11.2017, the informant found that all the accused persons including the

Patna High Court Cr.Misc. No.4698 of 2019(2) dt.29-01-2019 2/3 petitioners are trying to grab the land of the informant. It is alleged that all the accused persons caught hold the informant when petitioner no.1, Baijnath Ram put the country made pistol on the temporal region of the informant and demanded extortion Rs. 10 lacs for release of the land.

It is submitted by learned counsel for the petitioners that for the occurrence of 12.11.2017, the FIR was registered on 02.12.2017 and Title Suit No. 16 of 2017, with regard to land in question, is pending between the parties. It is further submitted that petitioner no.1, Baijnath Ram has filed Complaint Case No. 1206 of 2015, against the husband of the informant. It is submitted by learned APP that accusation against the petitioners is specific against the petitioners. Considering the delayed lodging of the case, accusation being levelled in the background of land dispute and pending title suit, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 118 of 2017, subject to the condition as

Patna High Court Cr.Misc. No.4698 of 2019(2) dt.29-01-2019 3/3 laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T