Manoj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20392 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Manoj Kumar Yadav Son of Late Taranand Yadav, Resident of VillageGaiyari, P.S. & District- Araria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21776 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Md.riyaz Alam @ Md. Reyaj Alam, Son of Late Shamim Alam, Resident of Mohalla- Adarsh Nagar Ward No. 16, P.S. & District- Araria. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.20392 of 2017) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Brajendra Nath Pandey (In Cr.Misc. No.21776 of 2017) For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-08-2017 Both the aforesaid applications cases which arise out of the one and the same F.I.R. are being heard together and disposed of by this common order.
The petitioners are apprehending their arrest in Araria P.S. Case No.20/17 for the offence under Sections 384 and 386 of
Patna High Court Cr.Misc. No.20392 of 2017 (5) dt.08-08-2017 2/3 the I.P.C.
Accusation is that three accused persons named in the F.I.R. including the petitioners came to the house of the informant, Biniya Devi and asked whereabout of her husband then she replied that her husband is a bank employee and he had gone to Bank. Then co-accused Md. Riyaz Alam brandishing his pistol told her wife to convey her husband to give Rs.10,0000/- by way of rangdari, otherwise he will not be allowed to construct the building and all your family members would be killed.When the informant told him to go away, he fired from his pistol in the air to frighten the informant. As soon as the witnesses came there the co-accused persons fled away. Cause of occurrence is 8 decimals land of Khata No.2438, Khesra No.9544 in Mauza -Basantpur which the co-accused also wanted to purchase from Madhuri. Submission is that, in fact, one Pano Devi filed a complaint case bearing Complaint Case No.2419/16 in which the informant was an accused and Md. Reyaz Alam and these petitioners are witnesses. Due to that reason this case has been filed with false allegation.
Learned A.P.P. opposed the prayer for bail.
Having considered the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest
Patna High Court Cr.Misc. No.20392 of 2017 (5) dt.08-08-2017 3/3 or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Araria, in Araria P.S. Case No.20/17 subject to the conditions as laid down under Section 438(2) of Cr. (Rajendra Kumar Mishra, J) AnilKrSinha/- U T