Allowed

Vijay Yadav @ Vijay Pandey @ Vijay Kumar Pandey v. The State of Bihar

Patna HC12 Sept 2024CR. MISC./56429/2024

Case brief

AI extract

What is this about?

Regular bail application in a murder case arising from a land dispute. The court noted the period of custody and co-accused's bail and enlarged the petitioner on bail with a condition of physical presence on every court date.

What did the court decide?

Petitioner enlarged on bail on furnishing Rs. 20,000 bond with two sureties to ACJM-IV, Patna City, subject to appearing on every date before the court below.

Vijay Yadav @ Vijay Pandey @ Vijay Kumar Pandey… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56429 of 2024

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Arising Out of PS. Case No.-336 Year-2023 Thana- ALAMGANJ District- Patna

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

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Vijay Yadav @ Vijay Pandey @ Vijay Kumar Pandey son of Late Lalbabu Rai @ Arjun Rai @ Braj Nandan Prasad Shastri Village- Shitla Mandir Biscomaun Colony Payarelal Ki Bag Ps- Alamganj Dist- patna

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gauri Shankar Yadav, Adv. For the informant : Mr. Arvind Kumar Mouar, Adv. Mr. Raj Krishna Jha, Adv. For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 12-09-2024

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P. for the State.

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The petitioner seeks bail in connection with

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Alamganj P.S. Case No. 336 of 2023 dated 18.04.2023 registered for the offences punishable under Sections 302, 120B/34 of the I.P.C. and Section 27 of the Arms Act.

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As per the prosecution case, on 18.04.2023 at 3.20 P.M., Raj Mistry called the informant’s husband regarding carrying of cement then her husband went there and after 15 minutes, one Mistry Ajit Kumar came and told the informant that two persons came and fired four rounds on her husband and then they fled away. The informant then after went to her

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Patna High Court CR. MISC. No.56429 of 2024(4) dt.12-09-2024 2/3

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constructed house and saw that her husband was lying down near the boundary. The informant carried her husband to hospital where he was declared dead. The informant also told before the police that there was land dispute between the coaccused persons and the informant’s husband. They gave threatening to the informant’s husband and Vijay Yadav (petitioner) and Anil Singh lodged 6-7 cases against her husband.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. No direct and indirect evidence against the petitioner. There is case and counter case between the parties. No incriminating article has been recovered from possession of the petitioner. The coaccused person has already been granted regular bail by this court vide order dated 28.06.2024 passed in Cr. Misc. No. 12699 of 2024. The petitioner has 9 criminal antecedents in which he is acquitted in 1 case as stated in paragraph no. 2 of the supplementary affidavit filed on behalf of the petitioner. He is in custody in this case since 27.11.2023.

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Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

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Patna High Court CR. MISC. No.56429 of 2024(4) dt.12-09-2024 3/3

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Patna City, Patna in connection with Alamganj P.S. Case No. 336 of 2023 with the condition :-

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(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Vijay Yadav @ Vijay Pandey @ Vijay Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Yadav @ Vijay Pandey @ Vijay Kumar Pandey v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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