Yogendra Singh @ Yogan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32209 of 2020 Arising Out of PS. Case No.-824 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

YOGENDRA SINGH @ YOGAN SINGH Son of Bhagalu Singh Resident of Village - Dakra, Police Station - Ramgadh Chowk, District - Lakhisarai. 2.

Pramod Singh Son of Bhagalu Singh Resident of Village - Dakra, Police Station - Ramgadh Chowk, District - Lakhisarai. 3.

Vikash Kumar Son of Yogendra Singh Resident of Village - Dakra, Police Station - Ramgadh Chowk, District - Lakhisarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 27.11.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lakhisarai P.S. Case no. 824 of 2019, registered under Sections 147, 148, 149, 323, 341, 307, 504 and 506 of the Indian Penal Code.

The accusation is that informant Ram Chandra

Patna High Court CR. MISC. No.32209 of 2020(2) dt.08-03-2021 2/3 Singh, in the evening of 16.11.2019, was at his house, at that time Binod Singh and his two sons, namely, Atal Kumar, Atul Kumar and his cousin brothers Deven Singh, Yogendra Singh (Petitioner No.1), Pramod Singh (Petitioner No.2), Angad Kumar, Dhiraj Kumar and Vikash Kumar (Petitioner No.3) came there armed with various weapons and started to abuse and caused assault. At that time, Vinod Singh gave Farsa blow at his head twice then he fell down. Thereafter, his two sons Atal Kumar and Atul Kumar caused injury to him through lathi. When Pankaj Kumar, son of informant, rushed there then Deven Singh and his son Angad Kumar caused injury to him through iron rod. At that time, Manish Kumar, another son of informant, was assaulted by Yogendra Singh (Petitioner No.1), Pramod Singh (Petitioner No.2). It is alleged that others also misbehaved and assaulted to his wife. When other persons rushed there to save the informant and others then they were threatened of dire consequences.

Learned counsel for the petitioners submits that while petitioner No.3 Vikash Kumar is named in the F.I.R. but no specific overt act has been attributed against the petitioner, while Yogendra Singh (Petitioner No.1), Pramod Singh (Petitioner No.2) are said to cause assault to Manish Kumar,

Patna High Court CR. MISC. No.32209 of 2020(2) dt.08-03-2021 3/3 son of informant, but there is no injury to Manish Kumar. 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 four 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 learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 824 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T