Nityanand Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15838 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================
1. Nityanand Pandey,
2. Brahmanand Pandey, Both Sons of Mewa Lal Pandey, Resident of Village- Grandaul, P.S.- Bihra, Ditrict- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Prasad, Advocate Mrs. Veena Kumari Jaiswal, Advocate For the Opposite Party/s : Mr. Sri Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-06-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. Petitioners apprehend their arrest in connection with Bihra P.S. Case No. 39 of 2016 registered under Sections 384, 386, 504, 506, 120(B)/34 of the Indian Penal Code. Allegation in brief is that informant was Ex-Mukhiya of Barahser Gram Panchayat. During the assembly election Pappu Deo demanded Rs. 3 lacs as extortion money from the informant. When he refused to pay and the election was over, Pappu Deo threatened the informant of facing dire consequences. One day in the night gangmen of Pappu Deo, named in the First Information Report, came at the house of the informant and threatened that if
Patna High Court Cr.Misc. No.15838 of 2017 (2) dt.15-06-2017 2/3 any member of the informant side files nomination in the Panchayat Election, he would be killed.
Learned counsel appearing on behalf of petitioners submits that the there is no specific allegation against the petitioners in the First Information Report. The specific allegation of demanding extortion money is against Pappu Deo. These petitioners have no criminal antecedent and other similarly situated co-accused Dhirendra Pathak, Vijyanand Pathak and Krishnanand Roy have been granted anticipatory bail by a coordinate Bench of this Court by order dated 11.01.2017 passed in Criminal Miscellaneous No. 106 of 2017 and order dated 14.02.2017 passed in Criminal Miscellanious No. 6915 of 2017. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned Court, let the petitioners, above named, be released on bail 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 Chief Judicial Magistrate, Saharsa in Bihra P.S. Case No. 39/16.
(Arun Kumar, J.) veena/-
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