The Patna High Court declined bail for petitioners charged with murder and Arms Act offences. The court directed the trial court to expedite the trial and conclude it within one year.
Bail prayer denied; trial directed to conclude within one year.
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.16116 of 2015
Arising Out of PS.Case No. -213 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== 1. Akhilesh Yadav S/o Sukhadeo Yadav Resident of Village Mahuabag, P.S. Karapi, District Arwal. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20039 of 2015 Arising Out of PS.Case No. -213 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== 1. Mahendra Yadav S/o Late Arjun Singh Resident of Village Mahua Bagh, P.S. Karpi, district Arwal. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.16116 of 2015) For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Ajay Kumar No.1(App) (In Cr.Misc. No.20039 of 2015) For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 09-06-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with Karpi P.S. Case No. 213 of 2014 for the offences instituted under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.
Patna High Court Cr.Misc. No.16116 of 2015 (2) dt.09-06-2015
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The prosecution story, in brief, is that on the date of occurrence the petitioners along with other co-accused persons caught hold of Jhalakdeo Yadav, father of the informant, and took him to the field. Petitioner Mahendra Yadav along with Ravi Kumar and Munna Kumar shot at the chest of the father of the informant and Lalu Yadav gave knife blow resulting into his death. Petitioner Akhilesh Yadav shot at Dhanjay Kumar, cousin of the informant.
It has been submitted on behalf of the petitioners that the petitioners have been falsely implicated in the present case. The informant is not an eye witness to the occurrence. He got information from one Dhananjay Kumar. No specific role has been assigned against the petitioners. It has further been submitted on behalf of the petitioners that as per post mortem report there was only one fire arm injury upon the deceased whereas three accused persons are alleged to have shot at the deceased. The other injury found on the deceased was by hard and blunt substance. It is further submitted that actually a land dispute is going on in between both the parties. The petitioners are in custody since 6.2.2015 and 28.02.2015 respectively.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioners in
Patna High Court Cr.Misc. No.16116 of 2015 (2) dt.09-06-2015
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connection with Karpi P.S. Case No. 213 of 2014 pending in the court of Sri B. M. Tripathi, Judicial Magistrate, 1st Class, Jehanabad. However, the trial court is directed to expedite the trial and conclude the same within a period of one year from the date of receipt/production of a copy of this order. If the trial is not concluded within the time aforesaid, the petitioners would be at liberty to renew their prayer for bail, if so advised.
(Sudhir Singh, J)
Amin/U
1 issue framed by the court
Whether bail should be granted to petitioners charged with murder and offences under the Arms Act considering false implication allegations.
2 provisions across 2 enactments
Akhilesh Yadav and Mahendra Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
