Md. Usman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3380 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== Md. Usman Late Musahak @ Late Md. Mushak Village - Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 3380 of 2019) For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 27.11.2018 in connection with Ghoghardiha P.S.Case No. 50 of 2018 registered under sections 147, 148, 149, 448, 323, 302, 380, 504, 506/34 of the Indian Penal Code.
Petitioner and three others are said to have badly assaulted the deceased by fists, slaps, lathi and iron rod but post mortem report of the deceased goes to show that only swelling and bruise were found around the neck of the deceased and cause of death was asphyxia due to throttling. Further it is pointed out that having, similar allegation, co-accused Md.
Patna High Court CR. MISC. No.3380 of 2019(3) dt.28-03-2019 2/2 Guljar has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 24.01.2019 passed in Cr. Misc. No. 75017 of 2018.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that investigation against the petitioner has already been completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Jhanjhapur in connection with Ghoghardiha P.S. Case No.50 of 2018.
(Hemant Kumar Srivastava, J) N.K/- U T