Bipin Yadav @ Binay Kumar @ Vinay Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55013 of 2016 Arising Out of PS.Case No. -215 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================
1. Bipin Yadav @ Binay Kumar @ Vinay Kumar.
2. Ranjit Kumar @ Ranjit Kumar Yadav @ Ranjit Yadav.
3. Vijendra Kumar @ Vijendra Kumar @ Vijay Yadav, so of late Damodar Yadav.
4. Vikky Kumar @ Amit Vikram, son of Bipin Yadav.
5. Nikky Kumar @ Nishant Kumar @ Nishant Raj, son of Ranjit Yadav, All are resident of Vilage- Ekaniya, P.S. Mansi, District- Khagaria.
6. Chhabila Yadav, son of late Jagdish Yadav, resident of village- Jalim Tola, P.S. Mansi, District- Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dshirendra Kumar Trivedi For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Mansi P.S. Case No. 215 of 2016 registered under Sections 385, 387 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that, on 08.11.2016, informant alongwith his brother had gone to his field then saw that petitioner nos. 1, 2 and 3 armed with licensee gun along with 10 to 12 miscreants came there and made demand cash of Rs.1,00,000/- as ransom for cultivating the field and threatened
of dire consequences in case of non-payment of ransom. At that time, Officer-in-Charge, Mansi Police Station, verified the papers of the land and accused persons admitted that they have no legal paper. On 11.11.2016, at 3.00 P.M., when informant was present at his field for ploughing then petitioners armed with licensee gun came there and made firing but none sustained injury.
Learned counsel for the petitioners submits that, on 08.11.2016, some hot talk was exchanged between the petitioners and the informant in respect to land belong to the petitioners, in which, Officer-in-charge of Mansi Police Station showed favour to informant for cultivating the land due to that reason petitioner no. 3 filed the Complaint Case No. 950(C) of 2016 on 10.11.2016 in the court of Chief Judicial Magistrate, Khagaria. Further submission is that petitioners have no criminal antecedent and none had sustained injury in course of alleged firing.
Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 215 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T