IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1519 of 2011 RAGHUNANDAN MALLAH & ORS Versus STATE OF BIAHR -----------
2. 09.02.2011. Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case
registered under Sections 147, 324, 327, 341, 379 and 387 of the
I.P.C.
It is alleged that the petitioners came with Stick and Rami
and assaulted the informant’s side and demanded Rs. 50,000/-
from the informant.
It is submitted by the learned counsel for the petitioners
that three days prior to the occurrence the petitioners filed an
application before the Superintendent of Police, Rohtas, stating
therein that the informant and other have encroached their land but
no action was taken then the petitioners lodged a case then as a
retaliatory measure the present frivolous case has been filed by the
informant. It is further submitted that neither the F.I.R. nor the
impugned order reflects that the informant’s side received any
injury.
Considering the fact that the petitioners’ side lodged a
case against the informant’s side prior to the present occurrence, let
the petitioners, Raghunandan Mallah, Akhilesh Mallah, Lagan Mallah,
Chhotu Yadav and Shankar Paswan be released on bail in the event of
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arrest or surrender before the learned court below within a period of
twelve weeks from today in connection with Sasaram(M)P.S.
Case No. 502 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned C. J. M. Rohtas at Sasaram subject to
the conditions as laid down under Section 438(2) of Code of
Criminal Procedure.
U.K. (Dinesh Kumar Singh,J)