Patna High Court
Yogendra Singh @ Yogender SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail as there is no specific allegation of his participation in the firing and he has no criminal antecedent.
Summary
Yogendra Singh was arrested in connection with a 2011 case involving serious offences such as murder, attempt to murder, and illegal possession of arms. The prosecution alleged that a group, including the petitioner, was armed and that the fatal shooting was carried out by another accused, Anshu Singh. The petitioner contended he did not fire any weapon, had no prior criminal record, and was merely a member of the mob. The State opposed bail, citing the gravity of the charges. The Court, noting the absence of any overt act attributed to the petitioner and his clean antecedents, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder, attempt to murder and other serious offences
- Whether the lack of a specific allegation of firing against the petitioner justifies granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 34, 341, 379, 504
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- murder
- attempt to murder
- common intention
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17176 of 2026
Arising Out of PS. Case No.-39 Year-2011 Thana- PATAHI District- East Champaran
======================================================
Yogendra Singh @ Yogender Singh, S/O Late Janardan Singh @ Late
Janardhan Singh, R/O Village- Nanhakar Patahi @ Nankar Patahi, P.S- Patahi,
Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Patahi P.S. Case No. 39 of 2011 registered for the offence
punishable under Sections 341, 323, 307, 302, 504, 379/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others was armed with weapon. The
specific allegation of firing with country made pistol at the
father of the informant is against one Anshu Singh due to which
he succumbed to the injuries.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.17176 of 2026(2) dt.19-03-2026
2/2
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R. itself it is clear that the specific
allegation of firing is against one Anshu Singh. Petitioner is
only a member of mob and is alleged to be armed with weapon.
He has not made any firing. No overt act is alleged against him.
He is having no criminal antecedent and he is languishing in
judicial custody since 01.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran, Motihari in connection
with Patahi P.S. Case No. 39 of 2011.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…