Nandlal Sada And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46539 of 2017 Arising Out of PS.Case No. -231 Year- 2015 Thana -ALOULI District- KHAGARIA ======================================================
1. Nandlal Sada, Son of Late Nabi Sada.
2. Naresh Sada, son of Ram Swaroop Sada.
3. Sanjay Sada, Son of Ramji Sada.
4. Bhupo Sada, Son of Sakun Sada.
5. Chander Sada @ Chandra Sada, Son of Bhupo Sada, Petitioner Nos. 1 to 5 are resident of Village- Indra Tol Larhi, P.S.- Alauli, District- Khagaria.
6. Manohar Sada, Son of Ramdev Sada.
7. Atwari Sada @ Etwari Sada, Son of Girdhari Sada.
8. Ganesh Sada, Son of Girdhari Sada.
9. Panchu Sada, Son of Girdhari Sada.
Petitioner Nos. 6 to 9 are resident of Village- Larhi- Piparpanti, P.S.- Alauli, District- Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 03-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Alauli P.S. Case No.231 of 2015/G.R. No.2339 of 2015 registered under Section 147, 341, 323, 379, 385, 504 and 506 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that the informant Uttam Mukhiya took the Jalkar in his possession and he himself was looking after the
Patna High Court Cr.Misc. No.46539 of 2017 (2) dt.03-10-2017 2/3 same. On 19.09.2015, 12 persons, named in the F.I.R., including the petitioners armed with weapons came at the Jalkar and started to abuse and made demand of ransom of Rs.50,000/- saying that if the ransom is not paid, they would have possession at the Jalkar. At the time of moving from there, they made firing and took Rs.2500/- from the pocket of the informant. They also took away boat, net etc. of the informant from there.
Learned counsel appearing on behalf of the petitioners submits that, in fact, the petitioners and other villagers have filed representation on 14.09.2015 before the District Magistrate, Khagaria, against the informant for damaging their crops by the fish, due to that reason, the informant has lodged this false case only to put undue pressure upon the petitioners. The petitioners have no criminal antecedents Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No.231 of 2015/G.R. No.2339 of 2015, subject to the conditions laid down under Section 438(2)
Patna High Court Cr.Misc. No.46539 of 2017 (2) dt.03-10-2017 3/3 Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T