Yogendra Singh @ Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3252 of 2017 Arising Out of PS.Case No. -94 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Yogendra Singh @ Shiv Kumar Singh, S/o Late Suba Singh, resident of Village-Bhola Bigha, P.S. - Islampur, District - Nalanda. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Islampur P.S. Case No. 94 of 2015, registered under Sections 307, 504, 323, 341, 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation of informant is that on 04.04.2015, he along with his father Mahesh Singh was going to Civil Court, Hilsa. At that time, Ashok Singh ordered to shot fire then this petitioner fired at the father of the informant causing injury at his upper part of the waist which passed through the abdomen. At that time, Satendra Singh, Ranvir Singh and Virendra Singh were also present there.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to old

Patna High Court Cr.Misc. No.3252 of 2017 (3) dt.01-03-2017 2/2 enmity as son of co-accused Ashok Kumar was murder by Sambhu Singh brother of the deceased. Further submission is that it would appear from the case diary that while the occurrence is committed on 04.04.2015 and on the same day Mahesh Singh, father of the informant, was admitted for treatment and after treatment he was discharged from the hospital and he died at his home on 30.04.2015. Further submission is that cause of death is shown as septicaemia due to Gangerne of Gut. Due to deprivation of blood circulation at gut effected in previous injuries and in the Inquest report, one injury was also found on the back of the deceased. Further submission is that petitioner is in custody since 22.06.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 94 of 2015.