Allowed

Rambinay Yadav @ Vinay Yadav v. The State Of Bihar

Patna HC28 Apr 2015CR. MISC./14210/2015

Case brief

AI extract

What is this about?

This order grants bail to a petitioner enduring prolonged custodial remand in a murder case. The High Court concluded that the version of co-accused and mobile evidence were sufficient grounds for release on bail furnishing sureties.

What did the court decide?

Release of the petitioner on bail by furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each.

Rambinay Yadav @ Vinay Yadav Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14210 of 2015

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Arising Out of PS.Case No. -87 Year- 2014 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rambinay Yadav @ Vinay Yadav S/o Pundeo Rai R/o VillageMahaddipur, P.O. Chiraiya, District- East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 19.09.2014 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. On recovery of the dead body of the son of the informant from the field of Vishwanath Rai the FIR was lodged against unknown. During investigation it transpired that the daughter of co-accused Vinod Yadav has love affairs with the victim when Vinod Yadav made confessional statement to the effect that he along with his brother killed the victim. In the confessional statement of co-accused Vinod Yadav the name of

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Patna High Court Cr.Misc. No.14210 of 2015 (02) dt.28-04-2015

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the petitioner also transpired. During investigation several witnesses have also suggested the name of the petitioner.

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It is submitted by learned counsel for the petitioner that only on the basis of suspicion and the confession of the co-accused the petitioner has been roped in the present case when there is no motive alleged against this petitioner for commission of the offence.

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It is submitted by learned counsel for the informant that the name of the petitioner sprang up on the confession of Vinod Yadav to have participated in commission of the offence. The last call received on the mobile of the victim was of the petitioner.

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Considering the accusation against the

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petitioner based on the circumstantial evidence and the investigation being concluded, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sikrahana at Motihari in connection with Chiraiya P.S. Case No. 87 of 2014.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Rambinay Yadav @ Vinay Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rambinay Yadav @ Vinay Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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