Mantu Yadav @ Arbind Kumar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27198 of 2018 Arising Out of PS. Case No.-39 Year-2017 Thana- MAGADH UNIVERSITY District- Gaya ======================================================
1. Mantu Yadav @ Arbind Kumar Yadav Son of Late Jethu Yadav
2. Surendra Yadav Son of Late Jethu Yadav Both resident of Village Baiju Bigha (Matihani Tola), P.S. Bodh Gaya, District Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheikh Arkan Ahmad For the Opposite Party/s :
Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2018 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 385,379,307,427 and 506/34 of the IPC.
The prosecution case as per the written report of one Ravi Ranjan Singh dated 13.4.2017 submitted to the SHO, Magadh University Police Station, Bodh Gaya is to the effect that the informant is the Director of a boarding School which has been inaugurated on 2.4.2017 but the petitioners and one Pappu Singh, from very beginning, started demanded extortion and ultimately on 13.4.2017, they started digging the land adjacent to the boundary wall
Patna High Court Cr.Misc. No.27198 of 2018(2) dt.04-05-2018 2/3 of the school when the informant made protest, whereupon they pelted stones and chased the informant on the point of pistol. The accused persons also took away the construction materials from the premises of the school and smashed the front glass of the vehicle of the informant.
It is submitted by learned counsel for the petitioners that in fact that the informant wanted to purchase the land of the petitioner which is situated adjacent to the school and hence in that background frivolous accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that there is specific accusation against the petitioner.
Considering the nature of accusation levelled in the background of dispute with regard to land and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the
Patna High Court Cr.Misc. No.27198 of 2018(2) dt.04-05-2018 3/3 like amount each to the satisfaction of the learned ACJM IX, Gaya in connection with M.U. P.S. Case No.39 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U