Rajdev Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59859 of 2017 Arising Out of PS. Case No.-205 Year-2017 Thana- KISHUNPUR District- Supaul ======================================================

1. Rajdev Yadav, son of late Jamun Yadav

2. Sunar Yadav, son of late Manilal Yadav

3. Vinod Yadav @ Binod Kumar, son of Sunar Yadav ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Goutam, Adv.

For the State :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 385, 379, 353, 504, 506 and 36 of the Indian Penal Code. The prosecution case, as per the written report of Durga Prasad Mandal submitted to the Block Development Officer, Saraigarh, is to the effect that while the informant was conducting the road construction work, the accused persons came and started demanding extortion. On refusal of the same, they took away bricks, soil and sands from the construction site and snatched Rs. 10000/- from the informant.

It is submitted by learned Counsel appearing on

Patna High Court Cr.Misc. No.59859 of 2017(2) dt.12-12-2017 2/2 behalf of the petitioners that the accusation has been levelled in the background of the fact that the construction of road was made on the raiyati land of the petitioners for which petitioner no.1 lodged Complaint Case No. 751 C of 2017 against the informant and others. Hence, as a retaliatory measure the present case has been lodged. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Considering lodging of the case at earlier point of time by the petitioner's side, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 CJM, Supaul, in connection with Kishanpur P.S. Case No.205/2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T