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Patna High CourtCR. MISC./51942/2021dismissed

Yuvraj Singh v. The State Of Bihar

2022-05-06Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51942 of 2021 Arising Out of PS. Case No.-358 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

YUVRAJ SINGH SON OF MANOJ SINGH R/O VILLAGE- KHAS PARSAUNI, P.S.- UCHKAGAON, DISTRICT- GOPALGANJ 2.

DEEPAK SINGH SON OF MOHAN SINGH R/O VILLAGE- KHAS PARSAUNI, P.S.- UCHKAGAON, DISTRICT- GOPALGANJ 3.

RUPESH SINGH SON OF ASHOK SINGH R/O VILLAGE- KHAS PARSAUNI, P.S.- UCHKAGAON, DISTRICT- GOPALGANJ ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Gopalganj P.S. case No. 358 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code and Section 4 of the Bihar Medical Services

Patna High Court CR. MISC. No.51942 of 2021(2) dt.06-05-2022 2/3 Act pending in the Court of learned C.J.M., Gopalganj. Petitioners in association of other co-accused is said to have assaulted the hospital staff and also chased the doctors to kill them by knife and one volunteer, who was present there, was badly assaulted by the accused persons. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. Petitioners are not named in the F.I.R. and petitioner no.1 is own brother of the deceased and petitioner nos.2 & 3 are his cousin. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that except Section 307 I.P.C. all the alleged sections are bailable. Petitioners nos.1 & 3 have no criminal antecedent, whereas petitioner no.2 has one criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the

Patna High Court CR. MISC. No.51942 of 2021(2) dt.06-05-2022 3/3 petitioners are directed to surrender before the learned Court below within four weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T