Partly allowed

Birja Yadav @ Birija Yadav v. The State Of Bihar

Patna HC3 Apr 2014CR. MISC./2506/2014

Case brief

AI extract

What is this about?

The High Court disposed of two criminal miscellaneous applications arising from a case involving murder under Sections 302 IPC and Section 27 Arms Act. The court rejected bail for one petitioner while granting bail with bond and sureties for another co-villager accused in the same incident.

What did the court decide?

Bail to Upendra Choudhary rejected; Bair Yadav granted bail on furnishing Rs.10,000 bond with two sureties of like amount each.

Birja Yadav @ Birija Yadav Vs The State Of Bihar — Cheque Dishonour | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42783 of 2013

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===================================================== Upendra Choudhary, son of Late Keshav Choudhary, resident of village-Keshari, P.S. Dhangai, District-Bhojpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== with Criminal Miscellaneous No.2506 of 2014 ===================================================== Birja Yadav @ Birija Yadav, son of Ramashish Singh Yadav, resident of village-Keshari Tola, Police Station-Dhangai, District-Bhojpur. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------

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3 03-04-2014 Both the applications arise out of the same P.S. Case bearing Dhangai Police Station Case No.28 of 2013 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act. Therefore, both the applications have been heard together and are being disposed of by this common order.

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The accusation is that Arvind Choudhary and the petitioner, Upendra Choudhary alongwith 6-7 unknown reached at the garage of the informant, Sudhir Kumar Choudhary, in the mid night. At that time, Sunil Choudhary, the brother of the informant, was sleeping at the roof, Yugeshwar Choudhary, the father of the informant, was sleeping on a chowki near the garage and the

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Patna High Court Cr.Misc. No.42783 of 2013 (3) dt.03-04-2014 2/3

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informant was sleeping in the trailor of the tractor. On the sound of firing, the informant woke up and saw Arvind Choudhary alongwith 2-3 unknown going at the roof. At that time, the petitioner, Upendra Choudhary, alongwith 3-4 unknown pointed the rifle at the father of the informant. In the meantime, Sunil Choudhary, the brother of the informant, was fired shot by Arvind Choudhary and 2-3 unknown and Yugeshwar Choudhary, the father of the informant, was also fired shot causing injury on his neck. Subsequently, Sunil Choudhary and Yugeshwar Choudhary, respectively the brother and father of the informant, died.

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Learned counsel appearing on behalf of the petitioner, Upendra Choudhary, submits that in the F.I.R., the informant has made general and omnibus allegation against this petitioner to shot fire at the neck of the father of the informant but in his restatement, the informant has specifically stated that this petitioner fired shot at the neck of his father.

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Submission on behalf of the petitioner, Birja Yadav alias Birija Yadav, is that he is the co-villager of the informant but his name has not been disclosed by the informant in the F.I.R. Later on, the informant has disclosed the name of this petitioner in his restatement raising suspicion stating that earlier this petitioner had given threatening to him.

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Patna High Court Cr.Misc. No.42783 of 2013 (3) dt.03-04-2014 3/3

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Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, Upendra Choudhary, I am not inclined to grant him bail. Accordingly, his prayer for bail stands rejected.

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So far as the petitioner, Birja Yadav alias Birija Yadav, is concerned, he is directed to be released 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 Chief Judicial Magistrate, Bhojpur, Ara, in connection with Dhangai Police Station Case No.28 of 2013.

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(Rajendra Kumar Mishra, J)

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P.S./-

Birja Yadav @ Birija Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Birja Yadav @ Birija Yadav v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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