Allowed

Devendra Yadav @ Debu Yadav v. The State of Bihar

Patna HC10 May 2019CR. MISC./13103/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed an anticipatory bail application in a murder case. The court granted release on bail subject to furnishing security and conditions under Section 438(2) CrPC, noting a discrepancy between the FIR and postmortem reports regarding injuries.

What did the court decide?

The petitioner is to be released on bail upon arrest or surrender within six weeks by furnishing a bail bond of Rs. 25,000 and two sureties of similar amount.

Devendra Yadav @ Debu Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13103 of 2019

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Arising Out of PS. Case No.-205 Year-2018 Thana- BAUNSI District- Banka

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======================================================

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Devendra Yadav @ Debu Yadav, Son of Chhatish Yadav, Resident of Village - Bakhadda, P.S. Rajoun, District - Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Vibhakar Kumar, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 10-05-2019

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This is an application for grant of anticipatory bail in connection with Baunsi P.S. Case No. 205 of 2018 disclosing offence under Section 302/34 of the Indian Penal Code.

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Allegation as per F.I.R. against the petitioner is that petitioner and one another person have taken the husband of the informant for Basukinath Mela and later on, he has met with an accident. She claimed that she has seen the dead body having sharp injuries and as such, she has claimed that petitioner and other accused person have killed the deceased.

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Submission of the learned counsel for the petitioner is that the materials collected during the investigation clearly discloses that the Tempo on which the deceased was going, was met with an accident and received injuries and the police personnel have brought the deceased to the hospital. It is further

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Patna High Court CR. MISC. No.13103 of 2019(4) dt.10-05-2019 2/2

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submitted that postmortem also does not show any sharp injury on the body of the deceased.

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Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also who has opposed the prayer for bail stating that none of the accused persons have received injury and only the deceased has received injury and that clearly shows that he has killed him.

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Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Baunsi P.S. Case No. 205 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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(Vinod Kumar Sinha, J)

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sunil/-

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U T

Devendra Yadav @ Debu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Devendra Yadav @ Debu Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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