Dayanand Yadav v. The State Of Bihar
Case brief
What is this about?
Petitioner, named accused in a murder case under IPC sections 302, 201, 365, 34, 120B, challenged his detention via Criminal Miscellaneous application. Court rejected bail prayer citing seriousness of the crime where victim's body was allegedly mutilated.
What did the court decide?
Prayer for bail is rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28281 of 2013
====================================================== Dayanand Yadav S/O Late Bimaldeo Prasad, resident of village Chhaperatar, Police Station Pandarak, District Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 15-01-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is a named accused in a case initially registered for the offences punishable under sections 365 read with 34 and 120B of the Indian Penal Code but subsequently in course of investigation section 302 and 201 of the Indian Penal Code were also added. In paragraph 125 of the case diary statement of one Sanjay Prasad has been recorded in which he has categorically stated that he had seen the petitioner and others dragging the victim towards the river and they cut his body into pieces and threw the same into the river.
Considering the seriousness of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected.
(Ashwani Kumar Singh, J)
Md.S./-
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences punishable under sections 302 and 201 IPC.
Whether the seriousness of the case necessitates rejection of the bail prayer.
Parties & counsel
- petitioner
Dayanand Yadav
- respondent
The State of Bihar
Coram
Ashwani Kumar Singh
Case details
As recorded by the court registry
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