Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18342 of 2024 Arising Out of PS. Case No.-529 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Yogendra Singh Son Of Late Sundar Singh @ Sundar Singh Resident Of Village - Gansadih (JAIPUR), P.S. - Sasaram Muffasil, District - Rohtas 2.

Arvind Kumar Singh @ Arbind Singh Son Of Late Sundar Singh @ Sundar Singh Resident Of Village - Gansadih (JAIPUR), P.S. - Sasaram Muffasil, District - Rohtas 3.

Salendra @ Shailendra Singh Son Of Late Sundar Singh @ Sundar Singh Resident Of Village - Gansadih (JAIPUR), P.S. - Sasaram Muffasil, District - Rohtas 4.

Vikash Kumar Singh @ Vikash Singh Son Of Late Sundar Singh @ Sundar Singh Resident Of Village - Gansadih (JAIPUR), P.S. - Sasaram Muffasil, District - Rohtas 5.

Bhola Singh @ Shakti Singh Son Of Arvind Kumar Singh @ Arbind Singh Resident Of Village - Gansadih (JAIPUR), P.S. - Sasaram Muffasil, District - Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners have preferred this application for grant of anticipatory bail in connection with Sasaram Muffasil P.S. Case No. 529 of 2023, dated 23.09.2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354B/379, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.18342 of 2024(2) dt.20-04-2024 2/3

3. As per prosecution case, the petitioners are alleged to have assaulted the informant with butt of rifle on his head and also assaulted his son by iron rod and the petitioner no. 3 tried to outrage the modesty of the informant's wife by tearing her blouse and Saree. They have also snatched some ornaments from the informant's wife and cash also.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners no. 1, 2, 3 and 5 have one criminal antecedent in which they are on bail whereas the petitioner no. 4 has no criminal antecedent as stated in para 3 of the bail petition. There is case and counter case between both the parties. The petitioners and the informant are full brothers. The injury is found to be simple in nature as mentioned in para 9 of the bail petition.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the injury is found to be simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.18342 of 2024(2) dt.20-04-2024 3/3 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Sasaram, Rohtas in connection with Sasaram Muffasil P.S. Case No. 529 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:

1. The petitioners are directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T