Shyamand Jha @ Shyamanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61400 of 2019 Arising Out of PS. Case No.-427 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

SHYAMAND JHA @ SHYAMANAND JHA S/o Late Tejnarayan Jha 2.

Rameshwar Mandal @ Sri Rameshwar Mandal S/o Bisheshwar Mandal Both Resident of Mohalla- Shivpuri, Ward No. 09, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

The petitioners apprehend their arrest in Araria R.S. P.S. Case No.427 of 2019 registered under Sections 147, 148, 149, 342, 384, 379, 504, 506 of the Indian Penal Code. The informant alleged that he purchased a piece of land but while he was fencing his land, the petitioners came on 26.05.2019 along with many other persons and snatched different articles and also demanded extortion of Rs.50 lacs. The learned counsel for the petitioners submits that occurrence took place on 26.05.2019 but the F.I.R. was lodged on 02.06.2019. The petitioners are inimical term with the informant. The informant earlier entered into the agreement with the petitioner No.1 for that title suit is also pending. Petitioner

Patna High Court CR. MISC. No.61400 of 2019(2) dt.17-10-2019 2/2 No.2 also filed CWJC No.13123 of 2017 against the informant which is admitted for hearing. No occurrence as alleged by the informant has ever taken place.

It appears that informant alleged that petitioner demanded extortion but it appears that informant has got inimical term with both the petitioners on account of land dispute and the title suit as well as writ petition is pending. Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria R.S. P.S. Case No.427 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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