Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37391 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== YOGENDRA SAH Son of Late Phoidi Sah Resident of Village - Mojahida, P.S. - Parwata, District - Khagaria.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandrasekhar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

A supplementary affidavit has been filed on behalf of the petitioner. The same be kept on record.

In the light of the statements made in the supplementary affidavit, learned counsel for the petitioner is directed to make necessary correction in paragraph 3 of the anticipatory bail application in course of the day. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 385, 504/34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.37391 of 2021(2) dt.29-03-2022 2/3 The prosecution case, in short, is that the accused persons, variously armed, on the orders of petitioner fired at the informant which missed and the informant anyhow saved himself.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be order giver. There is no allegation of assault alleged against the petitioner. The allegation of assault is alleged against the co-accused Bhim Shah. There is admitted land dispute between the parties. The petitioner is a 72 years old aged person.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st, Khagaria in connection with Parbatta P.S. Case No. 32 of 2021, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.37391 of 2021(2) dt.29-03-2022 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T