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Patna High CourtCR. MISC./67744/2019bail granted

Shyamand Jha @ Shyamanand Jha v. The State Of Bihar

2020-03-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67744 of 2019 Arising Out of PS. Case No.-621 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

Shyamand Jha @ Shyamanand Jha S/o Late Tejnarayan Jha R/o MohallaShivpuri, Ward No. 09, P.S. and District- Araria 2.

Rameshwar Mandal @ Sri Rameshwar Mandal S/o Bisheshwar Mandal R/o 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, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Araria (R.S.) P.S. Case No.621 of 2019, registered for the offence punishable under Sections 147, 148, 149, 342, 323, 427, 384, 379, 504 and 506 of the Indian Penal Code.

The allegation has been made that when the informant was making construction of boundary wall, the accused persons including the petitioners came with lethal weapons and also demanded extortion and also damaged the boundary wall, however, counsel for the petitioners submits that

Patna High Court CR. MISC. No.67744 of 2019(3) dt.05-03-2020 2/2 for the same incident, another case was lodged by the owner of the land and the present case has been lodged by the Care Taker. In the case lodged by owner of the land, this Court has granted anticipatory bail to the petitioners vide order dated 17.10.2019 passed in Cr. Misc. No. 61400 of 2019. He further submits that there is unexplained delay of three days in lodging the present case.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (R.S.) P.S. Case no.621 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) V.K.Pandey/- U T