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Patna High CourtCR. MISC./85750/2025bail granted

Awadhesh Kapar @ Awadhesh Kopar @ Avdhesh Kapar @ Avdhesh Kumar v. The State Of Bihar

2025-12-10Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85750 of 2025 Arising Out of PS. Case No.-147 Year-2012 Thana- MANSI District- Khagaria ====================================================== Awadhesh Kapar @ Awadhesh Kopar @ Avdhesh Kapar @ Avdhesh Kumar son of Late Arun Kapar, Resident of Village -Raghunathpur, PS -Sahebpur Kamal, District -Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with ST Case No. 250A of 2014, arising out of Mansi P.S. Case No. 147 of 2012 dated 23.07.2012, registered for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is a case of misuse of privilege of bail. Petitioner was granted bail vide order dated 23.07.2014 passed in Cr. Misc. No. 30835 of 2014 by a learned single Judge of this Court.

4. Learned counsel appearing on behalf of the petitioner submits that being a poor person, the petitioner left his native place and went to Punjab for earning his livelihood.

Patna High Court CR. MISC. No.85750 of 2025(2) dt.10-12-2025 2/3 Due to mistake of karpardaz, the bail bond of the petitioner was cancelled. After getting the information about the cancellation of his bail bond, the petitioner surrendered before the trial Court on 01.08.2025 and since then he is in custody, having clean antecedent.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Khagaria / concerned Court, in connection with ST Case No. 250A of 2014, arising out of Mansi P.S. Case No. 147 of 2012, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

Patna High Court CR. MISC. No.85750 of 2025(2) dt.10-12-2025 3/3 (iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T