Thakur Ranjeet Singh @ Raju Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45780 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -BANMANKHI District- PURNIA ======================================================
1. Thakur Ranjeet Singh @ Raju Singh S/o Arvind Singh, resident of Village- Rajhat, Ward No. 13, P.S.- Banmankhi, District- Purnea.
2. Vishal Kumar @ Vishal Kumar Yadav @ Vishal Yadav S/o Bauku Yadav, resident of Village- Chakla Banmankhi, Ward No. 5, P.S.- Banmankhi, District- Purnea.
3. Mithilesh Yadav, @ Mithilesh Kumar Yadav @ Mithilesh S/o Shambhu Yadav, resident of Village- Damgara, P.S.- Dhamdaha, District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.
The petitioners apprehend their arrest in Banmankhi P.S. Case No. 135/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act.
Mira Devi named the petitioners and Naresh Yadav and alleged that four accused persons demanded extortion of Rs. 35,000/- about eight days ago. On 28.08.2016 they came and abused the informant took out different articles and also fired which passed through by the side of her neck. Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.45780 of 2016 (2) dt.01-12-2016 2/3 present case is Banmankhi P.S. Case no. 135/2016. Naresh Yadav co-accused filed Banmankhi P.S. Case no. 134/2016 against Ashish Kumar Yadav son of the informant Mira Devi, as he made indiscriminate firing at the time of Jagran programme, the villagers caught him and snatched fire-arm from his possession. Fire-arm and other articles were produced to the police station. Ashish Kumar Yadav had taken Rs. 34,000/- on the promise to double the same and when the money was demanded Ashish Yadav son of the informant and others came and made indiscriminate firing. The informant filed this case in order to save her own son. The injury is simple in nature caused by hard and blunt object. It has nowhere stated that injury was caused by any fire-arm.
Considering the facts aforesaid and the fact that from the side of petitioner earlier in point of time case was lodged and son of the informant was apprehended and fire-arm and other articles from the possession of the son of the informant were handed over to the police, thereafter the informant filed this case, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court Cr.Misc. No.45780 of 2016 (2) dt.01-12-2016 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Purnea in connection with Banmankhi P.S. Case No. 135/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T