Ashok Yadav Vs. the State of Bihar

Ashok Yadav vs The State of Bihar

Type Court Judgment Court Patna Decided May 23, 2012

~2 min read

https://sooperkanoon.com/case/975767

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/975767
Court: Patna High Court
Decided On: May 23, 2012
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Ashok Yadav

Respondent

The State of Bihar

Excerpt

.....that, the informant heard three sound of firing. later on, she went in the room in which the alleged occurrence took place. she found that the deceased was lying dead having three fire-arm injuries on her head. the contention of learned counsel for the petitioner is that in course of investigation, only one fire-arm injury was found on the person of the deceased and, therefore, the aforesaid circumstance clearly suggests this fact that the informant was not an eye witness of the alleged occurrence. it is also contended by him that there was land dispute between the parties and that is the reason of false implication of the petitioner in the alleged crime. it is further contended by him that in course of investigation, witnesses made contradictory 2 statements which creates doubts about the genuineness of prosecution story but i am not at all convinced with the submission of the petitioner. accordingly, prayer for bail of the petitioner in connection with lakhisarai p.s. case no. 20 of 2011 pending in the court of chief judicial magistrate, lakhisarai is, hereby, rejected, at least, at this stage. it appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of learned chief judicial magistrate, lakhisarai. accordingly, learned chief judicial magistrate, lakhisarai is directed to commit the case of the petitioner to the court of sessions in accordance with law within a month from the date of receipt of this order and after commitment, the learned sessions judge shall try to conclude the trial of the petitioner as early as possible. let this order be communicated to the court of chief judicial magistrate, lakhisarai in connection with lakhisarai p.s. case no. 20 of 2011 for needful. ( hemant kumar srivastava, j.) akvishwakarma

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38721 of 2011 Ashok Yadav Versus The State Of Bihar ---------------------------------”

23. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in a case registered under Sections-147, 148, 149 & 302 of the Indian Penal Code as well as 27 of the Arms Act. The informant claimed herself to be an eye witness of the alleged occurrence. She states that the petitioner alongwith other FIR named accused persons came near the place of occurrence and entered the house of deceased and after that, the informant heard three sound of firing. Later on, she went in the room in which the alleged occurrence took place. She found that the deceased was lying dead having three fire-arm injuries on her head. The contention of learned counsel for the petitioner is that in course of investigation, only one fire-arm injury was found on the person of the deceased and, therefore, the aforesaid circumstance clearly suggests this fact that the informant was not an eye witness of the alleged occurrence. It is also contended by him that there was land dispute between the parties and that is the reason of false implication of the petitioner in the alleged crime. It is further contended by him that in course of investigation, witnesses made contradictory 2 statements which creates doubts about the genuineness of prosecution story but I am not at all convinced with the submission of the petitioner. Accordingly, prayer for bail of the petitioner in connection with Lakhisarai P.S. Case No. 20 of 2011 pending in the court of Chief Judicial Magistrate, Lakhisarai is, hereby, rejected, at least, at this stage. It appears from perusal of prayer portion of this petition that the case of this petitioner is still pending in the court of learned Chief Judicial Magistrate, Lakhisarai. Accordingly, learned Chief Judicial Magistrate, Lakhisarai is directed to commit the case of the petitioner to the court of sessions in accordance with law within a month from the date of receipt of this order and after commitment, the learned Sessions Judge shall try to conclude the trial of the petitioner as early as possible. Let this order be communicated to the court of Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 20 of 2011 for needful. ( Hemant Kumar Srivastava, J.) AKVishwakarma

Same Court & Year Patna · 2012 Same Parties Ashok Yadav vs The State of Bihar Same Subject Criminal