Bijendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41503 of 2015 Arising Out of PS.Case No. -383 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================
1. Bijendra Singh Son of Ram Lakhan Singh
2. Niranjan Sharma son of Bijendra Singh. Both residents of Village Momindpur, P.S Hilsa, District Nalanda.
3. Nathuni Gope@Nathuni Singh son of Doman Singh resident of Village Khaspur Jethli, district Patna at Present resident of Mohalla Gobrapar, P.s Hilsa District Nalanda.
.... .... 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 V.N. SINHA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 341, 323, 427, 384, 504/34 of the Indian Penal Code and are named in the First Information Report as those who obstructed the informant from ploughing the land, bearing plot no. 465 with his tractor unless he paid extortion of Rs. 5 lakhs. Petitioner nos. 1 and 2 are father and son, petitioner no.3 is the purchaser from petitioner no.1.
It is submitted on behalf of the petitioners that the informant has inherited properties in the village in question in which petitioner nos. 1 and 2 and others have also share and for demarcation of the said properties, Title Suit No. 106 of 1980 was
Patna High Court Cr.Misc. No.41503 of 2015 (2) dt.16-10-2015 2/2 filed and disposed of on 30.02.1982 in which plot in question has not been allocated in the share of the informant and such fact would appear from the judgment and decree passed in the said suit.
Let petitioners above named surrender in the court below within four weeks from the date of receipt/ production of a copy of this order in the court below and apply for regular bail which should be considered in the light of the judgment and decree passed in the suit, certified copy whereof petitioners undertake to produce. In the event, court below is satisfied that the plot in question has not been allocated to the share of the informant, petitioners be released on bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 383 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C., otherwise the court below shall pass appropriate order in accordance with law.
Until verification in terms of this order is made, no coercive steps be taken against the petitioners. (V.N. Sinha, J.) Arjun/- U T