IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42931 of 2010
BIPIN YADAV @ B.P.YADAV .
Versus
THE STATE OF BIHAR .
with
Cr.Misc. No.7706 of 2011
JAY SHANKAR YADAV @ JAY SHANKAR PRASAD .
Versus
THE STATE OF BIHAR .
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03. 06.04.2011 Heard learned counsel for the petitioners and the state.
Petitioners are included in eleven (11) accused persons
alleged for abducting informant’s father, thereafter 3-4 round of
firing was heard and on search dead body recovered. Charge sheet is
submitted against three accused persons only including petitioner
Bipin Yadav of Cr. Misc. No.42931 of 2010, but cognizance is taken
against all the eleven accused persons. Undoubtedly informant has
come forward to state abduction of his father in his presence that is
corroborated by his mother and uncle, but told by the informant.
Case of both the petitioners, if, can be differentiated is confession
made by Bipin Yadav about involvement of three only may be for
exonerating rest otherwise confession made before police is not
admissible. Number of witnesses is not material even for conviction
and in cases of Section 302 of the Indian Penal Code; custody for a
year is also not relevant.
Accordingly, petitioners’ prayer for regular bail stand
rejected.
Vikash (Mandhata Singh, J.)