Abhinandan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59818 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -RUPAULI District- PURNIA ======================================================

1. Abhinandan Yadav, S/o Late Jagdeo Yadav,

2. Ravindra Yadav, S/o Late Jagdeo Yadav,

3. Pappu Yadav, S/o Late Jagdeo Yadav,

4. Sri Niwash Singh Yadav @ Sri Niwash Singh, S/o Late Gouri Yadav, All are R/o Vill. + Policestation- Rupouli, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 386 and 504/34 of the Indian Penal Code.

The prosecution case as per the written report of Sunil Kumar Singh dated 10.02.2017 submitted to the Station House Officer, Rupauli P.S., is to the effect that the informant purchased a land in 2013, but he has not been allowed to

Patna High Court Cr.Misc. No.59818 of 2018 (2) dt.28-09-2018 2/3 cultivate the same, at the behest of the petitioners. It is further alleged that the accused persons used to demand extortion and as a result, the informant gave Rs.25,000/- to petitioner no. 3, Pappu Yadav.

It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute. The written report does not suggest the date of the occurrence. Moreover, some case is going on between the petitioners and informant before DCLR. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that there is specific accusation against the petitioners in the FIR. Considering the accusation being levelled in the background of land dispute and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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, Purnea in connection with Rupauli P.S.

Patna High Court Cr.Misc. No.59818 of 2018 (2) dt.28-09-2018 3/3 Case No. 12 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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