IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33134 of 2009 1. Shubh Narayan Jha, son of Late Jai Kant Jha. 2. Ajay Kumar Jha, son of Sri Shubh Narayan Jha. 3. Arun Kumar Jha @ Murari Kumar, son of Shri Shubh Narayan Jha. All residents of Village Rahua, P.S. Sourbazar, District-Saharsa. Versus The State of Bihar ………………………………Petitioners. ----------- 2. 11. 11. 2009. Heard learned counsel for the petitioners and the Respondent-Informant as also the State. The petitioners apprehend their arrest in connection with Sour Bazar P.S. Case No. 316/2008 registered for offences punishable under Sections 341, 323, 504, 506 and 384/34 of the Indian Penal Code. It is submitted that allegation against these petitioners are that they were demanding extortion money from the informant. Learned counsel for the petitioners submits that petitioners have been implicated in this case for ulterior purposes. Petitioner No. 1 is aged about 75 years and own brother of the informant and there is a serious land dispute. Ultimately, a partition suit was filed and decree was granted in favour of the Petitioner No.1 so the informant has filed the present case. Learned counsel appearing on behalf of informant submits that Petitioner Nos. 2 and 3 are used to threaten the son of the informant at all time with dire consequences and as such at least Petitioner Nos 2 and 3 are not entitled to be privilege of anticipatory bail. 2 Learned counsel for the State submits that informant and petitioner No. 1 are own brothers and on litigating terms on account of to get their respective shares of the property. Considering the facts and circumstances of the case, petitioners, namely, Shubh Narayan Jha, Ajay Kumar Jha and Arun Kumar Jha @ Murari Kumar shall be released on bail, in the event of arrest or surrender within a period of four weeks from the date of communication of this order, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri J. P. Kisku, Judicial Magistrrate Ist Class, Saharsa, in connection with Sour Bazar P.S. Case No. 316 of 2008 corresponding to G.R. No. 2014/08, subject to the condition as laid down under Section 438(2) of Cr.P.C. It is further made clear that in case, petitioners misuse their privilege of bail, it will be open for the informant to file a petition for cancellation of their anticipatory bail. m.p. (Shailesh Kumar Sinha,J.)