Md. Muddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.308 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -KISHANPUR District- SUPAUL ======================================================

1. Md. Muddin Ansari son of late Jan Mohammad Resident of VillageMomin Tola Ward No.2, Shivpuri Police Station- Kishanpur, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2016 Supplementary affidavit is filed on behalf of the petitioner.

This matter has been listed under the heading "To Be Mentioned" on the ground that petitioner's mother died on 23.01.2016.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have given spade blow to the informant as a result of which informant sustained head injury. The injury report of informant reveals that three injuries were found on the person of the informant and opinion regarding the aforesaid injuries was kept reserved and the informant was

Patna High Court Cr.Misc. No.308 of 2016 (3) dt.29-01-2016 2/2 referred to Darbhanga Medical Hospital for better treatment but even after completion of the investigation, the investigating officer failed to collect the complete injury report. Moreover, it is submitted on behalf of the petitioner that para-38 of the case diary shows that police found the case true under Sections 147, 148, 149, 341, 323, 379, 447 of the Indian Penal Code but it appears to me that police found the case true under Section 307 and other minor sections of the Indian Penal Code but in course of submission of charge sheet, the investigating officer left to mention Section 307 of the Indian Penal Code in the charge sheet and that is only a slip of pen.

Moreover, taking note of the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner is in jail custody since long, let the petitioner 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 Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 170 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T