Sanaulla Ansari @ Sanullah Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25950 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanaulla Ansari @ Sanullah Ansari, S/o Late Bashirul Hoda,

2. Jamed Ansari @ Taj Ansari,

3. Md. Shamshad Ansari @ Lal Babu Ansari Both are Sons of Sanaullah Ansari,

4. Ahmad Hussain @ Ahmad Ansari @ Pappu S/o Late Abdullah, All are R/o Mohalla- Nakchhed Tola, P.O. and P.S.- Motihari Town, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2018 Heard both sides.

The petitioners apprehend their arrest in Motihari Town P.S. Case No.140/2018 registered under Sections 447, 386 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the informant himself admitted that the petitioners started boundary wall on the land and now they are demanding extortion for giving the claim on the land. The dispute is of civil nature. The demand of extortion is ornamental. A proceeding under Section 145 of the Cr.P.C. was also initiated.

Patna High Court Cr.Misc. No.25950 of 2018 (2) dt.04-05-2018 2/2 On the other hand, learned counsel for the informant as well as learned Additional Public Prosecutor vehemently opposed the prayer for anticipatory bail.

Considering the aforesaid fact that there appears a land dispute between the parties and the informant himself admitted that the petitioners started constructing boundary wall on the land, which was sold by their grand father in the year 1929 and a proceeding under Section 145 Cr.P.C. is still going on, 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 is directed to be enlarged 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 C.J.M., Motihari, East Champaran, in connection with Motihari Town P.S. Case No.140 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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