Anandi Rai @ Anandi Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72413 of 2018 Arising Out of PS. Case No.-233 Year-2015 Thana- SHEKHPURA District- Sheikhpura ======================================================

1. Anandi Rai @ Anandi Yadav Son of Late Saryug Yadav.

2. Krishnandan Yadav, Son of Late Kesho Yadav.

3. Sidheshar Pandey, Son of Late Chhotu Pandey.

4. Mano Yadav, Son of Debu Yadav All Resident of Village- Bangalipar, Police Station- Shikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Sheikhpura P.S. Case No. 233 of 2015 dated 01.08.2015 which though has been instituted for the offences under Sections 147, 148, 149, 447, 341, 323, 504 and 384 of the Indian Penal Code and Sections 3(1)(f) SC/ST Act, but cognizance has been taken only under Sections 147, 148, 149, 447, 341, 323, 504 and 384 of the IPC.

It has been alleged by the informant in the FIR that when he was sowing his crops, the petitioners came and on gunpoint demanded protection money from him. When he expressed his inability to pay such amount, he

Patna High Court Cr.Misc. No.72413 of 2018(2) dt.20-12-2018 2/3 was assaulted.

Learned counsel appearing for the petitioners has submitted that after the the lodging of the subject FIR, two other cases have been lodged by the informant against the petitioners vide Sheikhpura P.S. Case No. 379 of 2015 and Sheikhpura P.S. Case No. 383 of 2015 and in both the aforesaid cases, the petitioners have been granted bail. The purpose for falsely implicating the petitioner is that the informant wants to grab the land belonging to a Math. In support of the aforesaid contention, learned counsel for the petitioner has drawn the attention of this court to Annexure-3 which is an order passed by the SDO which reflects that there is some dispute with respect to the land belonging to Math and the informant is manoeuvring to lay his claim over the same.

Considering the aforesaid facts and taking into account the totality of the circumstances, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheikhpura in

Patna High Court Cr.Misc. No.72413 of 2018(2) dt.20-12-2018 3/3 connection with Sheikhpura P.S. Case No. 233 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T