Amarnath Singh @ Amar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24183 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- PARASI District- Jehanabad ====================================================== 1.
AMARNATH SINGH @ AMAR SINGH Son of Late Ram Ishwar Singh Resident of Village- Babhan Bigha, P.S.- Farasi, District- Arwal. 2.
Pintu Kumar @ Kuwar Singh Son of Late Ram Ishwar Singh Resident of Village- Babhan Bigha, P.S.- Farasi, District- Arwal. 3.
Vishal Kumar @ Akshay Kumar Son of Amamath Singh @ Amar Singh Resident of Village- Babhan Bigha, P.S.- Farasi, District- Arwal. 4.
Raja Babu @ Raja Verma Son of Amamath Singh @ Amar Singh Resident of Village- Babhan Bigha, P.S.- Farasi, District- Arwal. 5.
Shrikant Singh S/o Late Moti Lal Singh Resident of Village- Babhan Bigha, P.S.- Farasi, District- Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Singh For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 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, 379, 354, 504/34 IPC registered in connection with Parasi P.S. Case No. 38/2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of an earlier dispute which was the subject matter of Panchayati and the present occurrence transpired when the parties were returning from the Panchayati. It is submitted that the petitioners lodged Parasi P.S. Case No. 37 of 2018 on the date of occurrence itself and in retaliation thereof the present FIR has been lodged four days later on 11.07.2018. The accusations of non-bailable Sections are mere embellishment. The petitioners claim clean
Patna High Court CR. MISC. No.24183 of 2019(3) dt.18-07-2019 2/2 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Arwal, in connection with Parasi P.S. Case No. 38/2018, 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 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