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Patna High Court - Orders

Paramhansh Singh vs The State Of Bihar on 1 May, 2019

Author: Vikash Jain

Bench: Vikash Jain

                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28340 of 2019

                    Arising Out of PS. Case No.-43 Year-2019 Thana- MAHNAR District-
                                                  Vaishali
                 ======================================================
           1.     PARAMHANSH SINGH Son of late Tapeshwar Singh Resident of Village -
                  Chamarahra Naya Tola, P.S- Mahnar, Distt - Vaishali.
           2.    Amarjit Singh @ Raju @ Amarjit Kumar Singh @ Kaju S/o Paramhansh
                 Singh Resident of Village - Chamarahra Naya Tola, P.S- Mahnar, Distt -
                 Vaishali.

                                                                        ... ... Petitioners
                                                 Versus
                 The State of Bihar

                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner    : Mr. Niranjan Parihar, Advocate.
                 For the Opposite Party: APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                          ORAL ORDER

2   01-05-2019

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 414, 353/34 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act registered in connection with Mahnar P.S. Case No. 43 of 2019.

3. It is submitted that the petitioners have been falsely implicated and the name of the petitioner no. 2 has transpired in the extra judicial confessional statement of one Vikash Kumar @ Langra in connection with Hajipur Town P.S. Case No. 99 of 2019 under Section 395 IPC. The petitioner no. 2 is said to have escaped along with Anil Mahto when the police came to arrest them. The petitioner no. 1 has been implicated merely because he happens to be father of the petitioner no. 2 and except the aforesaid Hajipur Town P.S. Case No. 99 of 2019, the petitioners claim clean antecedents.

Patna High Court CR. MISC. No.28340 of 2019(2) dt.01-05-2019 2/2

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 Additional Chief Judicial Magistrate-VIth, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 43 of 2019, 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 of each of the petitioners shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) 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.
(iv) 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.

(Vikash Jain, J) Ibrar//-

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