Patna High CourtCR. MISC./41926/2015bail granted

Mithlesh Kumar And ANR v. The State Of Bihar

2015-10-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41926 of 2015 Arising Out of PS.Case No. -173 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Mithlesh Kumar Son of Siyasharan Singh

2. Anuranjan Kumar son of Late Nand Kishore Singh, Both Resident of village- Gopalpur, P.S.- Akbarpur, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samrendra Kumar Jha For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-10-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 384, 385, 307, 340 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that petitioners and three unknown stopped the vehicle of the informant, took away Rs. 5000/- from the pocket and demanded extortion of Rs. 25,000/-. It is alleged that petitioner No. 1 resorted to fire on the driver but it did not cause injury.

It is submitted by learned counsel for the petitioners that the informant was conducting illegal mining and was using land of the petitioners for taking vehicle for carrying minerals which was protested by the petitioner before the authorities. The same has been brought on record as Annexure-2. However, when no action was taken the

Patna High Court Cr.Misc. No.41926 of 2015 (2) dt.12-10-2015 2/2 petitioners' side filed PIL being C.W.J.C No. 3726 of 2015 on 27.02.2015 which is still pending and thereafter the present case has been lodged.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the lodging of the case by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 173 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T