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Patna High CourtCR. MISC./49604/2015bail granted

Yadolal Sahani And ORS. v. The State Of Bihar

2015-11-05Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49604 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yadolal Sahani Son of Mathura Sahani

2. Bachcha Lal Sahani son of Yado Sahani

3. Rajesh Sahani son of yado Sahani

4. Janmejay Sahani son of late Harilal Sahani

5. Satyalal Sahani son of late Lalita Sahani

6. Laddu Sahani son of late Lalita Sahani All resident of VillageMajurhan , P.s Turkaulia District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,379 and 384 of the Indian Penal Code. The prosecution case is that the informant purchased 22 kathas of land appertaining to Khata no. 376 and 263 situated in village Majurahan. The accused persons wanted to cultivate the land as under-raiyat but the same was not given by the informant as a result on 20.4.2014 the

Patna High Court Cr.Misc. No.49604 of 2015 (2) dt.05-11-2015 2/3 accused persons started cutting wheat crops when protest was made, thereafter the accused persons demanded extortion of rupees ten thousand. On the order of petitioner no. 1 the accused persons assaulted the informant with fists and slaps, petitioner no. 3 pointed pistol on the informant when petitioner nos. 1 and 4 snatched wrist watch worth rupees fifteen hundred and cash of rupees one thousand from his pocket. The accused persons took away wheat crops worth rupees six thousand.

It is submitted by the learned counsel for the petitioners that for the occurrence of 20.4.2014 the FIR was registered on 23.4.2014 and in the background of land dispute the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the case, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with

Patna High Court Cr.Misc. No.49604 of 2015 (2) dt.05-11-2015 3/3 Turkaulia P.S. Case No. 209 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T