Yogendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34112 of 2019 Arising Out of PS. Case No.-60 Year-1995 Thana- MADHAURAH District- Saran ====================================================== Yogendra Singh Son of Bhuali Singh Resident of Village - Dumaria, P.S.- Bheldi, Distt - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35678 of 2019 Arising Out of PS. Case No.-60 Year-1995 Thana- MADHAURAH District- Saran ====================================================== 1.
Jai Prakash Singh Son of Ram Ayodhya Singh Resident of VillageBaidwalia, Police Station- Bheldi, District- Saran at Chapra. 2.
Shiv Kumar Singh @ Sheo Kumar Koiree, Son of Late Kamal Singh, Resident of Village-Baidwalia, Police Station-Bheldi, District-Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 34112 of 2019) For the Petitioner/s :
Mr. Satya Prakash, Advocate For the Opposite Party/s :
Mr. Pancha Nand Pandit, APP (In CRIMINAL MISCELLANEOUS No. 35678 of 2019) For the Petitioner/s :
Mr. Satya Prakash, Advocate For the Opposite Party/s :
Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-09-2019 Since, both the cases arises out of Marhowrah P.S. Case No. 60 of 1995 (G.R. No. 1221 of 1995), as such, both the cases are taken together with consent of the parties. Heard learned counsel for the petitioners and learned APP representing the State.
The petitioners apprehend their arrest in connection
Patna High Court CR. MISC. No.34112 of 2019(4) dt.17-09-2019 2/3 with Marhowrah P.S. Case No. 60 of 1995 (G.R. No. 1221 of 1995), registered under Sections 395 and 397 of the Indian Penal Code.
The allegation against the petitioners, as per FIR lodged by one Raj Kumar Singh, is that on 29/30.04.1995 at about 03:00 AM, 15-20 persons had come to his house, surrounded the informant and started abusing and assaulting him, some persons entered into the house and snatched ornaments of the ladies, cloths, boxes, etc. and they also exploded bomb and fled away. It has further been alleged that on hearing sound of bomb, the villagers gathered and apprehended one Bachcha Kumar, who disclosed the name of the other accused persons and after sometime he died due to injury. There was occasion of wedding party on the date of occurrence in the house of the informant.
Learned counsel for the petitioners submits that the petitioners are not named in the FIR, he further submits that the name of the petitioners transpired during the investigation and charge-sheet has been submitted against other accused persons and showing the petitioners as absconder.
After having heard learned counsel for the parties and taking into consideration the fact that petitioners have been
Patna High Court CR. MISC. No.34112 of 2019(4) dt.17-09-2019 3/3 shown as absconder in the supplementary charge-sheet and the case is about 24 years old, I am not inclined to grant anticipatory bail to the petitioners.
This application is, accordingly, rejected.
(Anil Kumar Sinha, J) S.Katyayan/- U T