Yogendra Rai @ Yogindar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9903 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- DIGHA District- Patna ====================================================== 1.

YOGENDRA RAI @ YOGINDAR RAI Son of Late Luruk Rai Resident of Mithila Colony, P.S.- Digha, District - Patna. 2.

Gudia Devi Wife of Raju Nut Resident of Mohalla - Nirala Nagar, P.S.- Digha, District - Patna 3.

Raju Kumar @ Raju Nut @ Nut Son of Late Bhim Nut Resident of Mohalla - Nirala Nagar, P.S.- Digha, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Najmul Hoda For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,448,504,506,379 and 384/34 of the IPC. The prosecution case as per the written report of Ram Bahadur Singh submitted to the SHO, Digha Police Station is to the effect that ten kathas of land situated in Nirala Nagar is

Patna High Court CR. MISC. No.9903 of 2020(2) dt.03-03-2020 2/3 recorded in the name of the son-in-law of the informant, namely, Nagendra Kumar. On 5.4.2019, the informant was getting the boundary wall constructed over the said land when several persons including the petitioners came and the petitioner no. 1 Yogendra Rai was leading them and demanded extortion amount of Rupees Fifty Thousand from the informant.

It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled against the petitioner and no specific accusation has been levelled against the petitioner and in fact the land in question is being claimed by the petitioners. Though petitioner nos. 1 and 2 are not having criminal antecedent but petitioner no. 3 is accused in one another case.

Learned APP submits that the petitioners are named in the FIR.

Considering the fact that the accusation has been levelled in the background of land dispute between the parties, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna in connection with Digha P.S. Case No.200 of 2019

Patna High Court CR. MISC. No.9903 of 2020(2) dt.03-03-2020 3/3 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U