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Patna High Court

Yogendra Singh @ Yogender SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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