Jaydev Mehta And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34542 of 2015 Arising Out of PS.Case No. -226 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Jaydev Mehta

2. Deo Kumar Deo

3. Kirandeo Mehta

4. Krishnadeo Mehta @ Lalan Kumar All sons of Late Ram Chandra Mehta All are Resident of village- Pokhariya Ward No. 39, Police Station- Nagar, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2015 It is submitted by the learned counsel for the petitioners that petitioner no.2 has been arrested and his anticipatory bail application has become infructuous. Heard learned counsel for the petitioner nos. 1, 3 and 4 and the State.

The petitioner nos. 1, 3 and 4 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 386, 379, 427 of the Indian Penal Code.

The prosecution case is that on 10.05.2015 the First Information Report named accused persons including petitioners and 09-10 unknown persons came armed with khanti, spade and hammer, when petitioner

Patna High Court Cr.Misc. No.34542 of 2015 (2) dt.25-08-2015 nos. 1 and 2 demanded extortion of Rs. 20,000/-. Ultimately informant due to fear paid Rs. 5,000/- to petitioner no.2. The accused persons also took away Generator and Motor worth Rs. 50,000/-.

It is submitted by the learned counsel for the petitioners that in the background of claim and counter claim on a land the accusation has been levelled. Section 144 Cr.P.C. proceeding was initiated between the parties prior to the lodging of the present case. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioner nos. 1, 3 and 4 be released on bail in the event of their arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Town (Lohiyanagar) P.S. Case No. 226 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T