IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41777 of 2008 1. BRAJNANDAN YADAV, S/o late Deo Prasad yadav 2. Shankar Yadav, S/o Sri Brajnandan Yada, 3. Kapil Yadav, S/o Sri Brajnandan Yadav 4. Amrendra Yadav, S/o Sri Brajanandan Yadav 5. Ghamandi Yadav, S/o late Shyam Narayan Yadav All R/o Kazichak, P.S. Makhadumpur, Dist.Jehanabad Versus STATE OF BIHAR ----------- 2/ 03.12.2008 Heard. The petitioners have no criminal antecedent but an allegation has been made against them by the informant that the petitioners committed the offence of extortion and in the process caused injury to the informant. The extortion was demanded but the same was paid or compelled to be paid has not come on the information. The allegation, contained in the first information report, itself would reveal that it is a rivalry between two groups of people pertaining to work awarded for improvement of the village. That being the situation, the application for grant of anticipatory bail of the petitioners is allowed. The learned counsel for the informant submits that the petitioners are not entitled to anticipatory bail, inasmuch as the petitioners were on Police Bail. While the Police filed the charge sheet, it alleged that the petitioners 2 committed offences, which are bailable in nature. By reason of filing of such charge sheet by the Police, the obligation of the petitioners under the Police Bail stood exhausted. It was the Magistrate, who has taken cognizance also under Section 27 of the Arms Act, which is non-bailable offence. In the circumstances, being exonerated of the obligations of the Police Bail, petitioners are entitled to apply for and obtain the anticipatory bail. Let the above named petitioners, in the event of arrest or surrender within six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Jehanabad in connection with Makhadumpur P.S. Case No. 111 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. S.B.P. (Barin Ghosh, J.)