Yogi Yadav @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50902 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- MANPUR District- Nalanda ====================================================== YOGI YADAV @ YOGENDRA KUMAR S/O BIDESHI YADAV @ BINDESHWAR YADAV R/O VILLAGE- GONGARIPAR, PS. MANPUR, DIST. NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons fired upon the informant and his family members, but nobody got injured except the informant as the informant sustained injury on his two fingers of left hand caused by Karu Yadav.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.50902 of 2023(3) dt.12-09-2023 2/3 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against co-accused Karu Yadav to fire upon the informant due to which he sustained injury on the fingers of his left hand. Similarly situated co-accused, namely, Ajay Yadav has been enlarged on bail by a co-ordinate bench of this court vide order dated 14.07.2023 passed in Cr. Misc. No. 28082 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Manpur P.S. Case No. 261 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to verify the

Patna High Court CR. MISC. No.50902 of 2023(3) dt.12-09-2023 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para 3 of the bail application, this order will automatically loose its force.

8. Till the verification has been completed, no coercive steps shall be taken against the petitioner.

(Anjani Kumar Sharan, J) divyanshi/- U T