Lalan Rajbhar And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.32354 of 2015 (2) dt.13-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32354 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SC ST P.S. District- SIWAN ======================================================
1. Lalan Rajbhar Son of late Jitan Rajbhar
2. Anil Rajbhar son of Sri Lalan Rajbhar null
3. Sunil Rajbhar@Sunil kumar son of Sri Lalan Rajbhar
4. Dashrath Rajbhar son of Late Patiram Rajbhar
5. Rajendra Chauhan Son of late Chhabila Chauhan
6. Pancha Nand Chauhan son of late Sheo Shankar Chauhan
7. Chandrabhan Chauhan son of sri Pancha Nand Chauhan
8. Vijay Bhan Chauhan @Brij Bhan Chauhan Son of Pancha Nand Chauhan All resident of Village Sadalpur, P.s Asauw, District Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Siwan SC/ST P.S. case No. 18 of 2015, disclosing offences under Sections 147,148,149,323,354B,384,392,504,506/34 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Allegedly, the petitioners made demand of rupees one lac from the informant and because of non-fulfillment of the said demand, the accused persons committed the offence of dacoity in the informant's house.
Patna High Court Cr.Misc. No.32354 of 2015 (2) dt.13-08-2015 Learned counsel appearing on behalf of the petitioners has drawn my attention to the various First Information Report instituted by the family members of the Informant against these petitioners in order to contend that the informant is in habit of instituting false cases against the petitioners and the family members because of admitted land dispute.
In view of the submissions as above, this application is accordingly, allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Siwan SC/ST P.S. Case No. 18 of 2015, 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 petitioner shall present themselves before the Police/Court, as the case may be, and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U