Jay Lal Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13404 of 2019 Arising Out of PS. Case No.-225 Year-2016 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Jay Lal Das, Son of Satya Narayan Das, 2.

Om Prakash Das @ Prakash Das, Son of Big Das 3.

Jitendra Das, Son of Teji Das All are residents of Village - Bharwaliya, P.S.- Manjhauliya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Majhauliya P.S. Case No.225 of 2016, registered for the offence punishable under Sections 341, 323, 387, 379, 427, 504 and 34 of the Indian Penal Code. Allegation has been made that all the accused persons including the petitioners came over the land of informant and started removing the pillar then the informant objected for the same. On objection, they started abusing him and demanded a ransom of Rs.10 lakhs and snatched Rs.10,000/-. However, learned counsel for the petitioners submits that they are in possession of the land and there is no specific allegation against

Patna High Court CR. MISC. No.13404 of 2019(2) dt.07-03-2019 2/2 the petitioner nos. 2 and 3. The petitioner no.1 has got criminal antecedents.

Looking to the facts and circumstances, this Court is not inclined to grant bail to the petitioner no.1. Accordingly, the prayer for bail is rejected. Looking to the nature of allegation, let the petitioner nos. 2 and 3 be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 225 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T