Vijai Yadav v. The State Of Bihar
Case brief
What is this about?
The High Court rejected the bail application of Vijai Yadav accused of murder and armed offenses. The court held the petitioner was the main assailant who caused death at the spot, supported by FIR, case diary, witness testimonies, and medical cause of death report including ballistic evidence.
What did the court decide?
Prayer for bail 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.29144 of 2018
Arising Out of P.S.Case No. -510 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN
====================================================== Vijai Yadav, son of Ramanand Yadav, Resident of Village- Ramapali, P.S.Siwan Muffasil, District- Siwan.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP For the Informant : Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
- 3 04-07-2018 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.
The petitioner is in custody in connection with Siwan Muffasil P.S.Case No.510 of 2017 pending in the Court of CJM, Siwan registered for an offence under sections 341, 323, 324, 307, 302 and 504/34 of the IPC and Section 27 of the Arms Act.
The allegation as per fardbeyan is that altogether eight FIR named accused came at the house of the informant and assaulted him and his family members. The allegation against this petitioner is that he on the order of his brother brought a gun from his house and shot fire causing the death of brother of deceased Sukhdeo Yadav on the spot.
It has been submitted that the gun was recovered from
Issues for consideration
2 issues framed by the court
Whether the petitioner should be granted bail in a bail application under sections 302, 307 IPC in connection with a murder charge.
Whether the dismissal of the petitioner's bail application was justified prima facie.
Parties & counsel
- petitioner
Vijai Yadav
- respondent
The State of Bihar
Coram
Sanjay Kumar
Case details
As recorded by the court registry
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