Yogendra Singh @ Jogendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45421 of 2022 Arising Out of PS. Case No.-664 Year-2021 Thana- MANER District- Patna ====================================================== 1.
Surendra Singh @ Surendra Kumar Son Of Mundrika Singh R/O VillageSabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran 2.
Leji Singh @ Rajniti Kumar Son Of Yogendra Singh R/O Village- Sabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran 3.
Vikash Kumar Son Of Yogendra Singh R/O Village- Sabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran 4.
Rahul Kumar Son Of Yogendra Singh R/O Village- Sabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran 5.
Upendra Singh Son Of Shankar Singh R/O Village- Sabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran 6.
Loha Singh @ Surendra Singh Son Of Late Ram Babu Singh R/O VillageJamunapur, P.S.- Malsalami, Dist.- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45808 of 2022 Arising Out of PS. Case No.-664 Year-2021 Thana- MANER District- Patna ====================================================== Yogendra Singh @ Jogendra Singh Son Of Late Ram Prasad Singh @ Sipahi Singh R/O Village- Sabalpur, Chain Tola, P.S.- Sonpur, Dist.- Saran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45421 of 2022) For the Petitioner/s :
Mr. Anil Kumar Maharaj Mr. Rana Ishwar Chandra For the Opposite Party/s :
Mr. Akhileshwar Dayal Ms. Smita Kumari Mr. Rajnish Ranjan Mr. Kalyan Shankar (In CRIMINAL MISCELLANEOUS No. 45808 of 2022) For the Petitioner/s :
Mr. Anil Kumar Maharaj Mr. Rana Ishwar Chandra For the Opposite Party/s :
Mr. Akhileshwar Dayal Ms. Smita Kumari
2/4 Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023 CRIMINAL MISCELLANEOUS No.45421 of 2022
1. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioners submits that the petitioner nos.1 and 6 are persons with clean antecedent and petitioner nos.2, 3, 4 and 5 have antecedent of one case and the informant alleges that Yogendra Singh shot his brother Raj Ballam Singh causing injury on his stomach, Loha Singh also fired but missed. Thereafter, Surendra Singh shot at Dharmendra Singh and Upendra Singh shot at Ranjan Kumar, but they saved themselves. Thereafter, Vikash Kumar fired at him, but he fled.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of firing is against Yogendra Singh, who is alleged to have fired at brother
3/4 of the informant, who subsequently died and as far as present petitioners are concerned, they are also alleged to have fired, but then, no one was injured. It is further submitted that petitioners were not even present at the place of occurrence, but since they are related/ known to Yogendra Singh, as such, they came to be implicated.
5. Learned A.P.P. along with learned counsel for the informant opposes the anticipatory bail application, but are not in a position to rebut the submission of the learned counsel for the petitioners that though allegation of firing is against the petitioners, but then no one was injured.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Miss Chandani Gupta, the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Maner P. S. Case No.664 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
4/4 CRIMINAL MISCELLANEOUS No. 45808 of 2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The learned counsel for the petitioner, after arguing vehemently for sometimes realizing his difficulties seeks permission to withdraw the present anticipatory bail application. Permission is accorded.
Accordingly, instant petition is dismissed as withdrawn.
(Satyavrat Verma, J) vikash/- U T