Nandlal Kushwaha And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.41608 of 2017 (3) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41608 of 2017 Arising Out of PS.Case No. -293 Year- 2017 Thana -BAGAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nandlal Kushwaha, Son of Hukum Kushwaha, Resident of Mungahwa, P.S. Dhanaha.

2. Harendra Yadav, Son of Nagina Yadav, Resident of Village- Semariya, P.S. Dhanha.

3. Rima Prajapati, Wife of Sital Prajapati, Resident of Dauraha, P.S.- Dhanaha.

4. Rajan Kumar @ Ranjan @ Rajan Kumar Bharti, Son of Rambharosh Ram, Resident of Dhanaha, P.S. Dhanaha, All are of District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2017 Heard both sides.

The petitioners apprehend their arrest in Bagaha(Patkhauli) P.S. Case No.293 of 2017 registered under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code. The informant alleged that Lalan Ram and Shiv Kumar came to her village and began to demand Rs.500 from each person on the pretext of providing job and facilitate to get Bank loan. The learned counsel for the petitioners submits that the petitioners are named in the F.I.R. but Lalan Ram and Shiv Kumar, who had gone to collect money, disclosed the name of the petitioners. Nobody has said that the petitioners demanded any

Patna High Court Cr.Misc. No.41608 of 2017 (3) dt.19-12-2017 money from any person. Petitioners are of course member of Yuvak Mangal Dal, a N.G.O. but nobody has complained about any activities of the petitioners. Lalan Ram and Shiv Kumar were apprehended by the villagers. Lalan Ram has already been granted regular bail vide order passed in Cr. Misc. No.38710 of 2017. The learned Additional P.P. vehemently opposed the prayer for anticipatory bail of the petitioners.

Having considered the facts that the name of the petitioners figured in the case on the basis of the statement made by Lalan Ram and Shiv Kumar but nobody has complained that the petitioners used to collect any money from any villagers, the petitioners, above named, in the event of their arrest or surrender before the learned 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 thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Bagaha(Patkhauli) P.S. Case No.293 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T