The petitioner, already in custody for murder and other offences, applied for bail. The court noted discrepancies in the injury report but observed that bail for a co-accused had been rejected. The prayer for bail was rejected.
Prayer for bail of the petitioner was rejected.
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.8976 of 2018
Arising Out of PS.Case No. -257 Year- 2012 Thana -JOGAPATTI District- WESTCHAMPARAN (BETTIAH)
====================================================== Vijay Yadav S/o Shri Jhabbu Yadav, R/o Village- Chaumukha, P.S.Jogapatti, District- West Champaran.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar Jha For the Opposite Party/s: Mr. Chaubey Jawahar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 14-03-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Trial No. 2707 of 2017 arising out of Jogapatti P.S.Case No. 257 of 2012 registered under Sections 302, 120B and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation in brief is that petitioner along with 11 others accused persons indiscriminately fired at the deceased causing his death at the spot.
Submission is that police has not sent up the petitioner for trial but cognizance has been taken by the learned Magistrate and only 04 firearm injuries are found on the person of the deceased though allegation of firing is against five persons.
Whereas learned counsel for the State submits that there is allegation of indiscriminate firing by all accused persons including
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the petitioner and in total 08 firearms injuries including entry and exit wound, were found on the person of the deceased and prayer of bail of co-accused Jai Narain Yadav and Gallu Yadav @ Galu Yadav have been rejected by this Court.
Having considered the aforesaid facts and circumstances, the prayer for bail of the petitioner at present is rejected.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is already in custody and alleged of indiscriminate firing causing death.
2 provisions across 2 enactments
Vijay Yadav
The State of Bihar
ARUN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
