IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3602 of 2010 MANOJ KUMAR @ MAKHIA & ANR Versus STATE OF BIHAR ----------- 3. 08.02.2010 This case has been listed today under the heading ‘to be mentioned’ at the instance of the court. It appears that in this case on 01.02.2010, the appellants were granted bail but inadvertently, the order was typed for listing the case next day as pass over. Today, the order which was recorded on 1.2.2010 is recalled and the same is being replaced by the order herein below. Heard. The case is under Section 147, 148, 149, 307, 386 and 27 of the Arms Act. The allegation against the petitioners is that they indulged into indiscriminate firing due to non-payment of Rangdari i.e. extortion of Rs. 3 lacs for construction of a wall over land of the Premjit Lal. It is said that on information of the said Premjit Lal, police had come and petitioner along with others was apprehended. The learned counsel for the petitioner submits that no doubt the petitioners are said to have been apprehended at the spot but any fire-arm has not been recovered from their possession. Referring Annexsures-2 and 3 which are sale deeds in favour of the petitioner, the learned counsel for the appellants submits that the petitioners have purchased the land from original owner and that subsequently the said Premjit Lal purchased the same land from others and that he was - 2 - trying to take possession of the land by constructing a wall and that on protest made by the petitioners they have been implicated in the case. It is also submitted that nobody had received any injury in the case nor any money was realized by the petitioner. In the facts and circumstances of the case, the petitioners, namely, Manoj Kumar @ Makhia and Pritam Mahto @ Dabua are admitted to bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in Bypass P.S. Case No. 103 of 2009. At the request of the petitioners’ counsel, let the order be communicated through Fax at the cost of petitioners already deposited by the petitioners in view of earlier order dated 01.02.2010. (C.M. Prasad, J.) Ravi/-