Dismissed

Rajiv Yadav v. the State of Bihar

Patna HC4 Apr 2013CR. MISC./27115/2011

Case brief

AI extract

What is this about?

The Patna High Court rejected the petitioner's petition for anticipatory bail in a case involving allegations of assault and attempted murder resulting in death. The court cited discrepancies in medical records and post-mortem details as reasons for denying relief and directing surrender for regular bail.

What did the court decide?

Petition for anticipatory bail rejected; petitioner directed to surrender for regular bail consideration.

Rajiv Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2013)

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Patna High Court Cr.Misc. No.27115 of 2011 (10) dt.04-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27115 of 2011 ====================================================== Rajiv Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10 04-04-2013 Heard learned counsel for the parties.

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This is a petition for anticipatory bail for the offence under sections 341,323,324,307,379,504, 34 of the I.P.C. and 302 was subsequently added.

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Prosecution case is that Rajiv Yadav, Vinod Yadav, Arvind Yadav along with 50 persons intercepted the informant, Prabhu Dayal Singh by saying “ KA RE DOCTOR FIR CHUNAV LAROGE” and with view to kill Rajiv gave a knife blow on the neck of informant causing injury on his cheek and abused him upon which the informant fell down and Arvind Yadav and Binod Yadav indiscriminately started beating the informant with iron rods causing injuries on his elbow, chest and left side of abdomen.

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Learned counsel for the petitioner submits that though there is allegation of assault but injury report shows the injury caused by sharp cutting weapon. It is further asserted that at the

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Patna High Court Cr.Misc. No.27115 of 2011 (10) dt.04-04-2013

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district hospital he was checked and x-rayed in the emergency outdoor department on 22.5.2011and was discharged on the same day which is apparent from the information regarding admittance and discharge of the informant on 22.5.2011 obtained under RTI vide Letter No.376 dated 23.6.2011.It has been further stated that the informant had come for treatment in the Orthopedic Department on 28.5.2011 as an outdoor patient but he was never admitted therein as would be vivid from the information received on 9.7.2011 under RTI. There is also further information received under RTI on 11.7.2011 to the effect that the informant was not admitted in NMCH also for his treatment. It has further been submitted that the informant died after ten days of the occurrence on 31.5.2011. It is very strange that the post mortem examination was not done at the P.M.C.H. rather the same was done at Gopalganj which also creates doubt on the factum of death.

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There is specific allegation of assault by iron rod but there is no corresponding injury of sharp cutting injury. It is submitted that the other co-accused have been granted regular bail. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for bail of the petitioner is rejected.

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However, petitioner is directed to surrender before the

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Patna High Court Cr.Misc. No.27115 of 2011 (10) dt.04-04-2013

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court below and pray for regular bail and if regular bail filed then it may be considered on its own merit on the same day taking into consideration that other accused are enjoying regular bail.

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AnilKrSinha/-

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(Gopal Prasad, J)

Rajiv Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rajiv Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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