IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11095 of 2010 1. GYAN PRAKASH SAH @ KARAILA, SON OF LATE MANAGER SAH, RESIDENT OF VILLAGE- MALKAULI, POLICE STATION-BAGAHA (PATHKHAULI), DISTRICT-WEST CHAMPARAN. 2. BHIKHAM YADAV, SON OF LATE ASHARFI YADAV, RESIDENT OF VILLAGE-PATHKAULI, POLICE STATION-BAGAHA (PATHKHAULI), DISTRICT- WEST CHAMPARAN. ………………………………………………PETITIONERS. Versus THE STATE OF BIHAR…………OPPOSITE PARTY. -------- For the Petitioners : Mr. B.N. Mishra, Advocate. For the State : Mr. Dinesh Singh, A.P.P. For the Informant : Mr. Anand Kishore Chaudhary, Advocate. ------- 2. 20.4.2010. Heard learned counsel for the petitioners and the learned A.P.P. for the State as well as the learned counsel for the informant. The petitioners seek bail in a case registered under Sections 147, 148, 341, 323, 384, 379 and 504 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they have been falsely implicated in this case in view of the land dispute with respect to which a Title Suit No.77 of - 2 - 2009 is going on between Dr. Ghanshyam Singh as well as certain persons including one of the vendors of the brother- in-law of the petitioner no.1. It has also been submitted that subsequently again one F.I.R. has been lodged, which has been brought on record as Annexure-‘3’ to the application. Learned counsel also submits that three named accused persons, namely, Ramadhar Sah, Bhupendra Ram and Binod Bhar, had already been granted bail by the court below itself. It is also contended that the petitioners are in custody since 18.1.2010, though no ingredients of Section 384 of the Indian Penal Code are made out. Learned counsel appearing for the informant submitted that the petitioners are named in the First Information Report as they alongwith others had made a demand of Rs.2,00,000/-(Rupees Two Lacs) from Dr. Ghanshyam Singh and else he was threatened with dire consequences. However, he also accepts that some of the named accused persons had already been granted bail by the court below itself. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Gyan Prakash Sah @ - 3 - Karaila and (2) Bhikham Yadav, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, District-West Champaran, in connection with Bagaha (Pathkhauli) P.S. Case No.423 of 2009, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. It goes without saying after their release in this case, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)