Kapil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28963 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Kapil Kumar Son of Late Ram Raj Singh, Resident of Village- Papariya, P.S.- Amjhor, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard the learned Senior counsel, namely, Mr. N.K. Agrawal assisted by the learned Advocate on Record, namely, Sanjay Kumar @ Manu.

The petitioner seeks regular bail in connection with Rohtas (Amjhor) P.S. Case No. 54 of 2017, registered for the offence punishable under Sections 353, 504 and 506 of the Indian Penal Code.

The allegation levelled against the petitioner, who happens to be Prakhand Pramukh, is with regard to him ringing the S.H.O. i.e. the informant of the present case and pressurising him for extracting sand from the Balughat as well as using unparliamentary language against him.

Learned Senior counsel for the petitioner submits that

Patna High Court Cr.Misc. No.28963 of 2017 (2) dt.01-07-2017 2/2 the petitioner is innocent and no such occurrence is said to have taken place. It is further submitted that the maximum punishment for the offence under Section 353 of the IPC is two years, but it is non-bailable offence. It is further submitted that the petitioner is in custody since 29.05.2017 and so far as the criminal antecedent is concerned, one case was lodged against him in the year 2002 in which he has been acquitted by the learned trial court. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Rohtas (Amjhor) P.S. Case No. 54 of 2017. (Mohit Kumar Shah, J) BTiwary/- U T