Mankesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19649 of 2019 Arising Out of PS. Case No.-557 Year-2018 Thana- MADHAURAH District- Saran ====================================================== 1.

Mankesh Singh, aged about 25 years, Male, Son of Late Pratap Singh 2.

Abhinandan Singh , aged about 20 years, Male, son of Samresh Singh 3.

Dharamnath Singh, aged about 60 years, Male.

All are resident of Village- Paterhi Baij, P.S.- Marhaura, District- Saran at Chapra.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Udai Shankar Singh, Advocate For the State :

APP For the Informant :

Mr. Sachhidanand Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 325, and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. registered in connection with Marhaura P.S. Case No. 557 of 2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusations of assault against the petitioners are general and omnibus in nature. The injuries sustained by the informant and his son are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten

Patna High Court CR. MISC. No.19649 of 2019(2) dt.02-04-2019 2/2 thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Saran at Chapra in connection with Marhoura P.S. Case No. 557 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T