Gajendra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51081 of 2015 ======================================================
1. Gajendra Yadav, S/o Lage Ramdhari Yadav
2. Dhunmun Yadav @ Dhunmun Kumar, S/o Gajendra Yadav
3. Lalo Yadav @ Lalo Kumar, S/o Gajendra Yadav All resident of village- Ramni, ward no. 11, Police Station- Murliganj, District- Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 448, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that the tractor driver of the informant was taken the tractor to plough the land of the informant through the barren land of Gajendra Yadav, then the petitioners surrounded, abused and assaulted the tractor driver of the informant. Petitioner no. 1 Gajendra Yadav took out Rs. 1000/- from the pocket of the driver and demanded Rs. 20,000/- as extortion to
Patna High Court Cr.Misc. No.51081 of 2015 (2) dt.09-11-2015 allow him to plough the land. The driver came and narrated the incident to the informant then informant went to made protest, petitioner no. 3 pointed a pistol on the chest of the informant. Petitioner no. 2 Dhunmun Yadav @ Dhunmun Kumar took out two stamp and some papers of tractor from his pocket, when the informant made protest then Lalo Yadav threatened and opened fire, but it did not cause any injury to him. It is also alleged that petitioners on 27.04.2015 came to the house of the informant, assaulted the informant and took away jewellary worth Rs. 30,000/-, clothes Rs. 10,000/- and cash Rs. 25,000/-.
It is submitted by the learned counsel for the petitioners that for the initial occurrence of 17.04.2015 the complaint was filed on 29.04.2015 which came to be registered as Police Station case on 01.07.2015 and in the background of land dispute the accusation has been levelled. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the delayed lodging of the complaint, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, 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
Patna High Court Cr.Misc. No.51081 of 2015 (2) dt.09-11-2015 Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 126 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T