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Abhay Kumar Singh @ Abhay Kumar vs The State Of Bihar on 11 July, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42218 of 2019

Arising Out of PS. Case No.-605 Year-2018 Thana- MANER District- Patna

1. ABHAY KUMAR SINGH @ ABHAY KUMAR Son of Mahesh Singh Resident
of Village- Rampur Diyara, P.S.- Maner, District- Patna.
2. Digvijay Kumar @ Chotan @ Digvijay Kumar Singh Son of Late Ram
Pravesh Singh Resident of Village-Rampur Diyara, P.S.-Maner, District-
Patna.
3. Umesh Singh Son of Late Ram Pravesh Singh Resident of Village-Rampur
Diyara, P.S.-Maner, District-Patna.
4. Raj Kishore Singh Son of Late Ram Pravesh Singh Resident of Village-
Rampur Diyara, P.S.-Maner, District-Patna.
5. Rahul Kumar Son of Arun Kumar Singh Resident of Village-Rampur
Diyara, P.S.-Maner, District-Patna.
6. Deepak Kumar Son of Arun Kumar Singh Resident of Village-Rampur
Diyara, P.S.-Maner, District-Patna.
7. Jai Kishore Singh Son of Late Ram Pravesh Singh Resident of Village-
Rampur Diyara, P.S.-Maner, District-Patna.
8. Ranjan Kumar Singh @ Ranjan Kumar Son of Umesh Singh Resident of
Village-Rampur Diyara, P.S.-Maner, District-Patna.
9. Priyanshu @ Piryanshu Son of Abhay Kumar Singh Resident of Village-
Rampur Diyara, P.S.-Maner, District-Patna.

… … Petitioners
Versus
The State of Bihar

… … Opposite Party

Appearance :
For the Petitioners : Mr. Rajesh Kumar, Advocate
For the Opposite Party: APP

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

2 11-07-2019 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, Section323, Section354, Section379, Section504, Section506/Section34

of the Indian Penal Code registered in connection with Maner P.S.
Patna High Court CR. MISC. No.42218 of 2019(2) dt.11-07-2019
2/3

Case No. 605 of 2018.

3. It is submitted that the petitioners have been falsely

implicated in the backdrop of land dispute as the parties are

gotiya. There is case and counter case between the parties. The

accusations under Section 354 IPC against the petitioners nos. 5

and 6 along with co-accused Pawan are highly improbable

inasmuch as they are by relation uncle of the informant’s niece.

The accusation under Section 379 IPC is 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 Miss Nutan Kumari, learned Judicial

Magistrate 1st Class, Danapur, Patna in connection with Maner P.S.

Case No. 605 of 2018, subject to the conditions as laid down

under Section 438 (2) SectionCr.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
Patna High Court CR. MISC. No.42218 of 2019(2) dt.11-07-2019
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investigation, if not already concluded, and make himself

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//-

U

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