Yogendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55616 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- SHRI NAGAR District- Madhepura ====================================================== YOGENDRA DAS Son of Munsi Das @ Munshi Das Resident of Village - Mahua, Ward no. 12, P.S. - Madhepura (Ghailadh O.P.), District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shrinagar P.S. Case no. 24 of 2020 instituted for the offence under Sections 147, 148, 149, 295A, 353 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, on secret information, police went towards place of occurrence where scuffle had taken place between the supporters of Panchu Das and supporters Md. Jahangir. After seeing the police, supporters of both parties again started firing at each other but no one got injured and they fled away. It is further alleged on instigation of Panchu Das, villagers started to misbehave with the police party and created

Patna High Court CR. MISC. No.55616 of 2021(2) dt.13-04-2022 2/3 hindrance in discharging their official duty. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled against the petitioner. No empty cartridge has been recovered from the place of occurrence. And no one has sustained gunshot injury. Due to local village politics, petitioner has been falsely implicated in this case. Petitioner has got no criminal antecedent. Similarly situated co-accused persons have already been granted anticipatory bail by a different co-ordinate Bench of this Court vide order dated 25.2.2021 passed in Cr. Misc. No. 33273 of 2020.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shrinagar P.S. Case no. 24 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.55616 of 2021(2) dt.13-04-2022 3/3 to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U