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Patna High CourtCR. MISC./77421/2019bail granted

Yogendra Singh v. The State Of Bihar

2020-05-28Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77421 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Yogendra Singh, S/o Late Shivdeni Singh, Resident of Village- Sadullahpur, P.S.- Ramgarh, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner, learned counsel for the informant, Mr. Kamal Kant Tiwary and the learned A.P.P. for the State through Video Conferencing . The petitioner is accused in connection with Ramgarh P.S. Case No. 247 of 2019, registered under Sections 307, 323, 341, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that at about 11 P.M., on 08.10.2019, informant along with Tufani Tiwary and Praveen Kumar Pandey was returning from Durga Puja fair boarding on motorcycle but in the way, some persons were seen on the road, who tried to snatch the motorcycle. In that course, informant identified that persons as his villagers, Yogendra Singh

Patna High Court CR. MISC. No.77421 of 2019(3) dt.28-05-2020 2/3 (petitioner), Raghunansh Singh, Munna Sngh son of late Satnarayan Singh, Munna Snigh, son of late Nanku Singh and Raju Singh and two unknown were also present there covering their face. At that time, they gave threatening to not disclose about the incident to anyone. Thereafter, informant and others came at their house and in the next morning, they proceeded for Police Station to give information then in the way, petitioner, Yogendra Singh started to abuse and making fire, in which, Ram Ekbal Tiwary and Shashi Kant Tiwary sustained injury and Raju Singh, brother of the petitioner, shot fire at Omkar Pandey. Learned counsel for the petitioner submits that due to dirty village politics, petitioner and other co-accused have falsely been implicated in the present case.

While allegation against the petitioner is to fire at Ram Ekbal Tiwary and Shashi Kant Tiwary but it would appear from the injury reports that one entrance wound size of 2 mm was found on lover part of leg of Ram Ekbal Tiwry and one lacerated wound in size of 3" X 1 1⁄2" X muscle deep on left thigh of Shashi Kant Tiwary but opinion about nature of injuries and weapons kept reserved. Further submission is that petitioner is in custody since 10.10.2019.

Patna High Court CR. MISC. No.77421 of 2019(3) dt.28-05-2020 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Kaimur at Bhabua, in connection with Ramgarh P.S. Case No. 247 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T