Kapildeo Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9977 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kapildeo Ojha, son of Late Chandradeo Ojha, resident of Village- Ojha Tola, P.S.- Chakiya, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Chakia P.S. Case No. 119 of 2015 lodged for the offences punishable under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that he has assaulted by farsa on the head of the informant and the injuries are found to be simple and that was caused by hard and blunt substance, which is evident from the impugned order itself.

Heard learned APP also.

Having heard both sides and considering the fact that medical report does not support the prosecution version and injuries are

Patna High Court Cr.Misc. No.9977 of 2017 (2) dt.18-03-2017 2/2 simple in nature and there is enmity from before, let the petitioner, above named, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, East Champaran, Motihari, in connection with Chakia P.S. Case No. 119 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U