Rahul Kumar and ors. Vs. the State of Bihar - Court Judgment

Excerpt:
patna high court cr.misc. no.33885 of 2011 (4) dt.23-01-2012 in the high court of judicature at patna criminal miscellaneous no.33885 of 2011 ================================================== 1. rahul kumar, son of subhash yadav 2. shushil kumar, son of ram pravesh yadav 3. ram pravesh yadav, son of sri bhagwat yadav 4. shyam kumar, son of sri sindhu singh .... .... petitioner/s versus the state of bihar .... .... opposite party/s ================================================== coram: honourable mr. justice akhilesh chandra oral order (per: honourable mr. justice akhilesh chandra”23. 01-2012 heard learned counsel for the petitioners, learned counsel for the informant and learned additional public prosecutor for the state. the petitioners apprehending their arrest in connection with makhdumpur p.s. case no. 267/2011 for the offences under sections 341, 342, 447, 323, 379, 386, 504, 506/34 of the indian penal code. earlier vide order dated 02.12.2011, this application was dismissed as withdrawn with respect to petitioner nos. 2, shushil kumar and petitioner no. 4, shyam kumar. the two petitioners are named accused in this case relating to some demand of extortion. submission is that in fact, it is a civil dispute between two sides relating to running of brick kiln with partnership. there is one title suit no. 60/2011 is pending between the concerns in the court of sub-judge-i, jehanabad. petitioners have no criminal antecedent. while objecting the prayer it is pointed that non-petitioner diwakar patna high court cr.misc. no.33885 of 2011 (4) dt.23-01-2012 who is associated with the petitioner has criminal antecedent. considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioners no. 1 and 3 namely, rahul kumar and ram pravesh yadav, be enlarged on bail on furnishing bail bond of sum of rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of chief judicial magistrate, jehanabad, in connection with makhdumpur p.s. case no. 267/2011, subject to condition under section 438(2) of the code of criminal procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. rajeev/- (akhilesh chandra, j)

Judgment:
Patna High Court Cr.Misc. No.33885 of 2011 (4) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33885 of 2011 ================================================== 1. Rahul Kumar, son of Subhash Yadav 2. Shushil Kumar, son of Ram Pravesh Yadav 3. Ram Pravesh Yadav, son of Sri Bhagwat Yadav 4. Shyam Kumar, son of Sri Sindhu Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA”

23. 01-2012 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Makhdumpur P.S. Case No. 267/2011 for the offences under Sections 341, 342, 447, 323, 379, 386, 504, 506/34 of the Indian Penal Code. Earlier vide order dated 02.12.2011, this application was dismissed as withdrawn with respect to petitioner nos. 2, Shushil Kumar and petitioner no. 4, Shyam Kumar. The two petitioners are named accused in this case relating to some demand of extortion. Submission is that in fact, it is a civil dispute between two sides relating to running of brick kiln with partnership. There is one Title Suit No. 60/2011 is pending between the concerns in the court of Sub-Judge-I, Jehanabad. Petitioners have no criminal antecedent. While objecting the prayer it is pointed that non-petitioner Diwakar Patna High Court Cr.Misc. No.33885 of 2011 (4) dt.23-01-2012 who is associated with the petitioner has criminal antecedent. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioners no. 1 and 3 namely, Rahul Kumar and Ram Pravesh Yadav, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No. 267/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- (Akhilesh Chandra, J)