Awadhesh Yadav @ Awadhesh kumar v. The State of Bihar
Case brief
What is this about?
Bail rejected; murder by firearm; gunshot to temporal region (Kanpatti); country made pistol/katta and blood stained cloth recovery from petitioner Awadhesh Yadav; postmortem: death due to multiple firearm injuries; loan motive Rs. 5,50,000/- borrowed by Rekha Devi from deceased Sarita Devi; Jeevika Samuh; co-accused Sudhir Yadav; informant Ramparvesh Yadav; both petitioners named in FIR; case diary paras 78 and 80; witnesses supported prosecution; investigation pending; Sections 316(2), 103(1), 238(b), 3 and (5) BNS; Sections 25(1-b)a, 26(1), 35 Arms Act; PS Case No. 586 of 2025, Chandi, Nalanda; Patna High Court Criminal Miscellaneous; custody since 20.10.2025; impugned order dated 21.01.2026; Justice Ramesh Chand Malviya.
What did the court decide?
On perusal of the FIR, case diary, postmortem report and the impugned order dated 21.01.2026, the Court found that both petitioners are named in the FIR and case diary paragraphs 78 and 80 indicate that both petitioners shot and killed the informant's wife Sarita Devi; the allegation is very serious; blood stained cloth and used country made pistol were recovered from the possession of petitioner Awadhesh Yadav; the postmortem report states she died due to multiple injuries caused by a firearm; investigation is still pending; and several witnesses have supported the prosecution case.