Vishwanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60846 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- ITARHI District- Buxar ====================================================== 1.

VISHWANATH SINGH Son of Late Siyaram Singh Resident of VillageHarpur, Police Station-Itarhi, District-Buxar. 2.

Dhuran Singh Son of Manoj Singh Resident of Village-Harpur, Police Station-Itarhi, District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rang Nath Choubey For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 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, 506, 325/34 of the Indian Penal Code registered in connection with Itarhi P.S. Case No. 185 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute between the parties. None of the accusations attract the ingredients of the offence under Section 354 of the Indian Penal Code while the accusation under Section 379 of the Indian Penal Code are mere embellishment. 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Buxar, in connection with Itarhi P.S. Case No. 185 of 2019,

Patna High Court CR. MISC. No.60846 of 2019(2) dt.26-09-2019 2/2 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