IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48641 of 2021

Arising Out of PS. Case No.-102 Year-2021 Thana- DAGARUA District- Purnia

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Khawaja Nasim Anjar, S/o Late Khawaja Abubakar Resident of Village -

Singhiya Thathol, P.S. - Dagarua, Distt. - Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Sudhanshu Saran, Advocate

For the Opposite Party/s :

Md. Mustaque Alam, APP

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

ORAL ORDER

3

11-04-2022

The applicant is given out of turn hearing because of

illness of his family members. This fact is not disputed by the

other side.

The applicant/accused in Crime No. 102 of 2021

registered with Dagarua Police Station for the offences

punishable under Sections 341, 323, 324 and 307 r/w 34 of the

Indian Penal Code as well as Section 27of the Arms Act, by this

application is seeking his release on bail during pendency of the

trial and after filing of the charge sheet.

The learned counsel for the applicant submits that the

charge sheet has been filed and the applicant is undergoing

pretrial detention.

The learned Additional Public Prosecutor opposed

the application by contending that the applicant had admitted

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to cause injury to two victims named Md. Rijwan (first

informant) as well as Khowaja Salim.

I also heard the learned counsel for the first

informant.

I have considered the submissions so advanced and

also perused the materials placed on record including the

injury certificate of both victims of the subject crime.

Though, it is averred that bullets were fired at them,

injuries suffered by them seem to be simple in nature. It is

apparent that the applicant has used toy-gun for causing

injuries to the victims of the subject crime.

For making out the offence punishable under

Section 307 of the Indian Penal Code, what is relevant is

intention and the intention can be gathered from the weapons

used. On conclusion of the investigation, I see no reason to

refuse bail to the application. Hence, the order :-

i. The application is allowed.

ii. The applicant/accused in Crime No. 102 of

2021 registered with Dagarua Police Station be released on bail

on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand)

on furnishing surety of the like amount to the satisfaction of the

trial court with the following conditions: -

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(I) The applicant/accused should not extend any

threat, promise of inducement to the persons acquainted with the

facts of the accusation against him so as to dissuade him from

disclosing such facts to the Court or to any police officer.

(II) The applicant/accused should cooperate the

trail court in expeditious disposal of the trial against him.

(III) The applicant/accused should not contact

the members of the prosecuting party as well as witnesses in this

case in any manner till conclusion of the trial.

(IV) The applicant should not repeat

commission of similar offence in future and if he is found to be

involved in commission of similar offence, the State is at liberty

to apply for cancellation of bail granted to the applicant in the

instant case.

The applicant to remove all office objections

forthwith and the Registry to issue the certified copy of this

order only after removal of office objections by the

appellant/accused.

Bhardwaj/-

(A. M. Badar, J)

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