Kapil Yadav @ Kapit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27059 of 2019 Arising Out of PS. Case No.-767 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== KAPIL YADAV @ KAPIT YADAV Son of Late Kuseshwar Yadav Resident of Village- Balhowa, P.S.- Nath Nagar (Madhusudanpur), District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Nath Nagar (Madhusudanpur) P.S. Case No. 767 of 2018 dated 22.12.2018 instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The brother of the informant is said to have been killed. The petitioner has not been named in the FIR but his name has only transpired during the course of investigation.

It has been submitted on behalf of the petitioner that though his name has come during the course of investigation but there is no direct accusation against him of his having killed the deceased. All that has been collected during the course of investigation is that the petitioner was seen riding a motorcycle; the

Patna High Court CR. MISC. No.27059 of 2019(4) dt.17-08-2019 2/2 deceased was waiting for him for some time and that he was later seen speeding away on his motorcycle. It has been submitted that assuming every statement in paragraphs 5 and 6 to be true, they do not bring home the charge of murder against the petitioner. The perusal of the order impugned indicates that the petitioner is an accused in several cases (21). There appears to be strong suspicion against the petitioner of having committed the murder of the brother of the informant.

Regard being had to the materials collected during the course of investigation and the criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner for the present.

The petitioner is said to be in custody since 19.01.2019.

In that view of the matter, this Court directs the investigating agency to conclude the investigation if it has not yet concluded the same as early as possible preferably within a period of four months of the receipt/production of a copy of this order.

The petition stands rejected with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U T