IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17934 of 2010 PRAMOD CHAUDHARY & ORS Versus STATE OF BIHAR ----------- 2 21.5.2010 Heard the learned counsel for the parties. The petitioners No.1. Pramod Chaudhary 2. Vijay Chaudhary 3. Lalbabu Chaudhary 4. Kamlesh Chaudhary and 5. Mahesh Chaudhary, apprehend their arrest in Ram Nagar P.S.Case No.88/09 under sections 147,148,323,379,386,427 and 504/34 I.P.C. On the basis of a complaint case being Complaint Case no.177/09 filed by Surendra Singh, the aforesaid police case was registered. It is alleged in the complaint that Lal Babu Chaudhary and Pramod Chaudhary came to the informant and demanded Rs.25,000/- as rangdari tax. When the informant refused to pay the petitioners they went to the field of the informant where he had gone and uprooted the maize crops. The learned counsel for the petitioners submitted that there is land dispute between the parties regarding partition of 70 bighas. The learned counsel submitted that petitioner no.3, Lalbabu Chaudhary, is aged about 72 years. The learned counsel further submitted that the informant and the accused persons are decendents from the common ancestor. Ram Dhadhoi Singh is the ancestor of the informant whereas all the accused persons belonging to Jagarnath Singh branch. When the accused persons used to demand rangdari a false case was lodged by the informant with a 2 view to deprive the accused persons from usufruct of the landed property. The learned counsel appearing on behalf of the informant (complainant) submitted that the petitioners were threatening to abduct the son of the informant and that there are many criminal cases pending against petitioner no.3, Lalbabu Chaudhary. In some of the criminal cases chargesheet has been submitted under section 364A I.P.C. It is not disputed that the parties are decendents of common ancesters. The allegation of demand of rangdari is against Lalbabu Chaudhary and Vijay Chaudhary. However, it is not the case in which the amount has been paid. The further allegation is general and omnibus that all the accused persons went to the field of the informant and uprooted the crops. However, considering the fact that the petitioner no.3, Lalbabu Chaudhary is chargesheeted accused in various criminal cases I direct all the petitioners except petitioner no.3, Lalbabu chaudhary, to surrender before the court below within one month from today and on their so surrendering the learned court below shall release them on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Bagaha, West Champaran. So far prayer for anticipatory bail of petitioner no.3, Lalbabu Chaudhary is concerned, his prayer is rejected. AnilKr.Sinha ( Mungeshwar Sahoo, J. )