Officer Kapar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30275 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Officer Kapar, Male, aged about 35 years, S/O Nago Kapar, Resident of Village- Raghunathpur, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2019 Nobody appears on behalf of the petitioner. However, learned for the State is present.

The petitioner seeks bail in connection with Salkhua P.S. Case No. 125 of 2018 registered under Sections 147, 148, 149, 342, 307 of the Indian Penal Code and Section 27 of the Arms Act..

The prosecution case in short is that on 01.06.2018 at about 5 A.M. while the informant was going to his land and as soon as reached at Dholiya Bhitta all the named accused persons came out from the maize field, surrounded him and started assaulting him by means of KORA. Informant tried to flee away, the petitioner opened fire, the bullet hit on the right leg's knee and wounded.

Learned counsel for the State has submitted that the

Patna High Court CR. MISC. No.30275 of 2019(4) dt.05-07-2019 2/2 injury is simple in nature.

In the facts and circumstances of the case, let the petitioner above named 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 Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 125 of 2018, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T