Hari Mohan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1542 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- KANGLI District- West Champaran ======================================================

1. Hari Mohan Singh, son of Late Yamuna Singh

2. Bhishm Singh @ Bhishm Kumar Singh @ Suraj Kumar Sinhgh, son of Sri Hari Mohan Singh, both residents of village Senuwariya, P.S. Kangali, District West Chmparan

3. Majhar Alam @ Majhar Miyan, son of Late Alam Mian, resident of village Mill Parsa, P.S. Balthar, District West Champaran ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Ms.Rashmi Jha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Petitioners apprehend their arrest in connection with Kangali P.S. Case No. 66 of 2018 registered for the offences punishable under Sections 341, 323, 384, 504 and 506/34 of the Indian Penal Code. Allegation against the petitioners is of demanding extortion and it further appears that petitioner is accused in one more police case and in two other complaint cases.

Submission of learned counsel for the petitioners is that other two cases have been lodged at the instance of the informant and one case has already been dismissed and in another case petitioners have not been sent up for trial and moreover no case is made out under Section 384 IPC. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of petitioner No.1 stating that he has criminal antecedents.

Having heard both sides and in the facts and circumstances, so

Patna High Court Cr.Misc. No.1542 of 2019(2) dt.23-01-2019 2/2 far petitioner No.1 is concerned, he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

So far petitioner Nos. 2 and 3 are concerned, in the facts and circumstances, in the event of their arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Abhishek Kumar, Additional Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Kangali P.S. Case No. 66 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U T