Kapil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11189 of 2022 Arising Out of PS. Case No.-152 Year-2021 Thana- NIRMALI District- Supaul ====================================================== Kapil Kumar Yadav Son Of Raj Kumar Yadav R/O Village- Jiroga, P.S.- Andhramath, District- Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate.
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Nirmali P.S. Case No. 152 of 2021 lodged under Sections 307, 302/34 of the Indian Penal Code and 27 of the Arms Act. As per the prosecution case, the allegation against the present petitioner Kapil Kumar Yadav is to fire by pistol upon the son of the informant Ram Balak Yadav, who suffered by two pistol shot.
Learned counsel for the petitioner submits that petitioner is innocent and there is no eyewitness of this case. He further submits that antecedent of the petitioner is clean. He further submits that he is in custody since 11.10.2021 and charge sheet has already been filed in this case.
Patna High Court CR. MISC. No.11189 of 2022(3) dt.21-07-2022 2/2 Learned counsel for the A.P.P. on behalf of the State submits that the petitioner is a liar, as per the case diary there is one criminal antecedent of the petitioner namely Nirmali P.S. Case No. 143 of 2021, but he has not disclosed his case in this petition. He further submits that whatever with the allegation made in the F.I.R. is absolutely correct found in the investigation.
Considering the facts and circumstances of this case and submissions made above, let the bail of the petitioner is hereby rejected.
The Trial Court is directed to expedite the trial in one year.
(Dr. Anshuman, J.) guddu/- U T