Rajesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27201 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- MANSI District- Khagaria ======================================================
1. Rajesh Yadav son of Binodi Yadav
2. Binodi Yadav son of Late Ram Kishun Yadav
3. Shailesh Yadav @ Shlesh Yadav son of Late Janar Yadav
4. Domi Yadav @ Dovi Yadav @ Ramsevak Yadav son of Kailash Yadav All are residents of Village - Ekaniya, P.S. - Mansi, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Sinha For the Opposite Party/s :
Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 384,504 and 506/34 of the IPC.
The prosecution case as per the written report of Logendra Choudhary dated 11.1.2018 submitted to the SHO, Mansi Police Station is to the effect that the settlement of Killagari Badla ghat for 2017-18 was made in favour of the committee of the informant. Parvana was issued by the Sub Divisional Magistrate, Khagaria and consequently the informant received patta from the Member of the Committee namely Jogendra Choudhary for
Patna High Court Cr.Misc. No.27201 of 2018(2) dt.04-05-2018 2/3 collecting toll but in derrogation to the settlement the accused persons including the petitioners have constructed boat bridge and are collecting toll, which amounts to extortion.
It is submitted by learned counsel for the petitioners that the SDO, Khagaria vide letter no. 208 dated 2.2.2018 directed for handing over the charges of the Ghat to Smt. Radha Devi, Chairman of Chautham Thana Naw Yatayat Sahyog Samiti Ltd. and it is the complainant who is collecting toll unauthorizedly. The petitioners, in no way, are connected with the boat bridge nor with the collection of toll. The petitioners undertake not to get involved in any manner in operating the alleged boat bridge.
Learned APP submits that the thrust of accusation is against the petitioners.
Considering the accusation arising out of a dispute with regard to settlement of collection of toll, 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
Patna High Court Cr.Misc. No.27201 of 2018(2) dt.04-05-2018 3/3 of the learned CJM, Khagaria in connection with Mansi P.S. Case No.3 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U