Abhishek Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70516 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- MAKER DistrictSaran ==================================================== == 1.

Abhishek Kumar Singh 2.

Praveen Kumar Singh Both sons of Late Satyanarayan Singh, resident of village Haijalpur, P.S. Maker, Dist. Saran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ==================================================== == Appearance :

For the Petitioner/s:

Mr.Shyameshwar Kumar Singh For the Respondent/s :

Smt. Gulnar Begam ==================================================== == CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 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, 420, 384, 504, 506 and 34 IPC registered in connection with Maker P.S.Case No. 101 of 2018.

3. It is submitted that the petitioners have been falsely implicated with the allegation that the petitioners along with the Chairman of the Committee forced the informant-Secretary to sign the cheques. It is submitted that the ingredients of the offence alleged under Section 420 IPC are thus not made out. The

Patna High Court Cr.Misc. No.70516 of 2018(2) dt.15-01-2019 2/3 allegation of extortion by using pistol in the FIR has not been corroborated and no case under the Arms Act has been instituted. The counter version appears from the earlier FIR in Maker P.S. Case No. 98 of 2018 in which it is the present informant is said to have forced the Chairman to sign the cheques. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Maker P.S.Case No. 101 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioners.

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

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in

Patna High Court Cr.Misc. No.70516 of 2018(2) dt.15-01-2019 3/3 case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) 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.

(Vikash Jain, J) Chandran/- U T