Yogendra Chandravanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38360 of 2020 Arising Out of PS. Case No.-109 Year-2020 Thana- DHANARUA District- Patna ====================================================== YOGENDRA CHANDRAVANSHI, Son of Late Ram Awtar Prasad Resident of Dhanarua, P.S.- Dhanarua, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajanan Mishra, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Dhanarua P.S. Case no. 109 of 2020, registered under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.
The accusation is that on 28.03.2020, informant Vikash Kumar, boarding on motorcycle, was going to Dhanarua market, in the way, 12 persons named in the F.I.R., including the petitioner, and ten unknown surrounded him
Patna High Court CR. MISC. No.38360 of 2020(2) dt.08-07-2021 2/3 having lathi, stick and pistol in their hands. On the order of Yogendra Chandravanshi (Petitioner), all started to cause assault in which he sustained injury and became unconscious. Thereafter, he was rushed to PHC, Dhanarua by the villagers of informant from where he was referred to PMCH, Patna for better treatment. The cause of occurrence is that on 26.03.2020, informant Vikash Kumar handed over some villagers, who were in intoxicated condition, to the Police. Learned counsel for the petitioner submits that it would appear from the F.I.R. that specific allegation against the petitioner is to instigate others to cause assault to the informant. The injury as found on the person of informant is simple in nature, which would appear from the report of Patna Medicity Hospital.
Further submission is that, in fact, the petitioner is Ex-Mukhiya of Dhanarua pahchayat under which villageNadpura of informant has also covered and due to political rivalry, the petitioner has falsely been implicated in this case. While petitioner is accused in Dhanarua P.S. Case No. 190 of 2013, but he is on bail in that case.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.38360 of 2020(2) dt.08-07-2021 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Masaurhi, Patna in connection with Dhanarua P.S. Case No. 109 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T