Yogendra Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19979 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yogendra Sahani son of Bhuteli Sahani,

2. Ramchandra Choudhary @ Ramchandra Choubey son of Bhuteli Sahani,

3. Lal Babu Choudhary son of late Bharat Choudhary,

4. Vidyanand Singh son of late Daroga Bhagat,

5. Chhathu Sahani son of late Ramawatar Sahani,

6. Chandeshwar Sahani @ Bhola Sahani,

7. Sipahi Sahani son of Chhathu Sahani,

8. Bhagelu Rai son of late Manu Rai, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-05-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 414/420/423/424/465/467/468/489/471/387/307/448/323/504/506/ 120B of the Indian Penal Code and Section 27 of Arms Act. The complaint based allegation is that the petitioners attempted to forcefully take possession of the referred land of the complaint on 03.12.2016 and demanded ransom to allow the possession to the complainant. Further allegation is of commission of theft etc.

Patna High Court Cr.Misc. No.19979 of 2017 (2) dt.04-05-2017 2/2 Submission of the petitioners is that they had purchased the said land in the year 2013 through registered saledeed from Chhatu Sahani. Learned counsel for the informant opposed the prayer for bail.

Considering the bona fide claim of the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail 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 Judicial Magistrate, East Champaran, Motihari/Successor Court in connection with Turkaulia (Raghunathpur) Police Station Case No.15 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T