Allowed

Maharaja Singh and Ors. v. The State Of Bihar

Patna HC14 Mar 2019CR. MISC./69443/2018

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing criminal charges under the IPC. The order allows release upon arrest or surrender if a bail bond is furnished to the Magistrate within six weeks.

What did the court decide?

Petitioners released on bail upon arrest or surrender within six weeks, subject to furnishing a bond of Rs. 10,000/- with two sureties of like amount.

Maharaja Singh and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69443 of 2018

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Arising Out of PS. Case No.-96 Year-2018 Thana- MUFFASIL District- Aurangabad

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======================================================

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Maharaja Singh, son of Late Bhola Singh,

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Manikant Singh @ Rinku Singh, son of Maharaja Singh, Both resident of Village- Kunda, P.S.- Mufasil, District- Aurangabad Bihar and

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Akshay Singh, Son of Late Satya Narayan Singh, Resident of VillageSinghna, P.S.- Amba, District- Aurangabad (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sushil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ajay Kumar -2, APP

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... ... Opposite Party/s

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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5 14-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Aurangabad (Mufassil) P.S. Case No. 96 of 2018 registered under Sections 341, 323, 379 and 504/34 of the Indian Penal Code.

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The accusation is that, on 05.06.2018, at about 10.30 P.M., six persons named in the F.I.R. along with ten unknown variously armed with weapons entered in the house of the informant, Nirmala Devi, and started to abuse. Thereafter, on the order of Maharaja Singh (petitioner no.1) and Miku Singh,

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Patna High Court CR. MISC. No.69443 of 2018(5) dt.14-03-2019 2/3

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Manikant Singh (petitioner no.2) caused injury through knife near the eye of the informant and in that course, Santosh Singh, also caused Khanti Blow to him. In the meantime, petitioner no. 1 snatched gold chain worth of Rs.50,000/- from her neck and Akshay Singh (petitioner no. 3) also snatched gold chain from neck of Sunita Devi. At that time, Miku Singh and Manikant Singh @ Rinku Singh (petitioner no. 2) with the help of Akshay Singh (petitioner no.3) broken the box and took the title paper of the land.

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Learned counsel for the petitioners submits that, in fact, occurrence of hot talk and scuffle took place due to land dispute, in which, petitioner’s side also sustained injury, regarding which, Aurangabad (Mufassil) P.S. Case No.95 of 2018 is also instituted under Sections 341, 323, 354, 448 and 427/34 of the Indian Penal Code against husband of the informant and other family members. Moreover, informant was not received any injury at the time of alleged occurrence and in paragraph 109 of the case diary, it appears that Investigating Officer has also stated that while he went at Sadar Hospital, Aurangabad, but no injury report was given to him. Further submission is that petitioners have no criminal antecedent.

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Patna High Court CR. MISC. No.69443 of 2018(5) dt.14-03-2019 3/3

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Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad (Mufassil) P.S. Case No. 96 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

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U T

Maharaja Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

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Maharaja Singh and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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