Rahul Malakar @ Devshankar Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29352 of 2019 Arising Out of PS. Case No.-301 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
RAHUL MALAKAR @ DEVSHANKAR MALAKAR Son of Anuj Malakar Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya. 2.
Raju Paswan Son of Basant Paswan Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya.
3.
Birendra Malakar @ Birendra Mali Son of Late Lakhan Malakar Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya. 4.
Mantu Malakar Son of Girdhar Malakar Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya.
5.
Dipu Malakar Son of Naresh Malakar Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya.
6.
Ranjan Paswan @ Ramjanam Paswan Son of Ram Bilash Paswan Resident of Village - Bhadeja, P.S.- Muffasi, Dist.- Gaya. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Mufassil P.S. Case No. 301 of 2018 for the offence punishable under Sections 147, 148, 149, 307 and 387 of the Indian Penal Code.
It is alleged in the First Information Report that when the informant was making certain construction over a
Patna High Court CR. MISC. No.29352 of 2019(2) dt.03-05-2019 2/3 piece of land, which was purchased by him, the accused persons, who are the petitioners herein, with 10-15 others, reached there, opened fire and compelled the informant to stop the work. Allegedly, they demanded extortion money. Learned counsel appearing on behalf of the petitioners has submitted that it is because of the land dispute that the First Information Report has been registered. Allegation of snatching of money is nothing but superimposition. Considering the facts and circumstances, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 C.J.M., Gaya, in Mufassil P.S. Case No. 301 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court CR. MISC. No.29352 of 2019(2) dt.03-05-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T