Allowed

Vijay Yadav v. The State of Bihar

Patna HC15 Nov 2019CR. MISC./38407/2019

Case brief

AI extract

What is this about?

This judgment granted bail to three petitioners facing charges under Sections 302 and the Arms Act. The court allowed their release upon arrest or surrender within six weeks by furnishing a bail bond of Rs. 10,000 each with two sureties of the same amount.

What did the court decide?

Released on bail in event of arrest or surrender within six weeks on furnishing bond of Rs. 10,000 each with two sureties.

Vijay Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38407 of 2019

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Arising Out of PS. Case No.-530 Year-2018 Thana- KHAGARIA District- Khagaria

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

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1. VIJAY YADAV Son of Bechan Yadav Resident of Village-Kumhar-Chakki, Police Station-Muffasil, District-Khagaria.

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Uday Yadav Son of Bechan Yadav Resident of Village-Kumhar-Chakki, Police Station-Muffasil, District-Khagaria.

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Bechan Yadav Son of Late Ramdeo Yadav Resident of Village-KumharChakki, Police Station-Muffasil, District-Khagaria.

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... ... Petitioners

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Shailendra Kumar ======================================================

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... ... Opposite Party

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER

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4 15-11-2019

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Heard learned counsel for the petitioners and the

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302, 120B/34 of the Indian Penal Code and Sections 25(1-B)(a), 26, 27 of the Arms Act.

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Petitioners along with two other accused persons are said to have gunned down the sister and two minor nieces of the informant.

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It is submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 happen to be

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Patna High Court CR. MISC. No.38407 of 2019(4) dt.15-11-2019 2/3

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brothers-in-law and the petitioner no.3 happens to be father-inlaw of the deceased. They have no concern with the aforesaid occurrence. Independent witnesses have stated that when they went at the place of occurrence, they saw the husband of the deceased holding pistol in his hand and the dead body of the deceased and her two minor daughters lying at the place of occurrence. Husband of the deceased namely Mithilesh Yadav has confessed the commission of murder of his wife and two minor daughters over misgiving of her character and on the basis of his disclosure, pistol and cartridges were recovered by the police. Witnesses in paragraph-61, 62 and 63 of the case diary have stated that the husband of the deceased has gunned down the deceased and her two minor daughters and petitioners and other family members have been falsely implicated in this case due to revenge. Similarly situated co-accused namely Sunita Devi @ Anita Devi has been enlarged on bail by coordinate Bench of this Court vide order dated 29.03.2019 passed in Cr. Misc. No.6008 of 2019.

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Learned APP for the State opposed the bail petition.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the

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Patna High Court CR. MISC. No.38407 of 2019(4) dt.15-11-2019 3/3

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event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Ankita Jaiswal, Judicial Magistrate 1^st Class, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 530 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Prakash Chandra Jaiswal, J)

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amit/- U T

Vijay Yadav v. The State of Bihar

Case brief

What is this about?

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Vijay Yadav v. The State of Bihar

Case brief

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