Md. Murtuja v. The State Of Bihar

Patna High Court Cr.Misc. No.21033 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21033 of 2017 Arising Out of PS.Case No. -376 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== Md. Murtuja, son of Late Fida Hussain, resident of Basbitti, P.S.- Supaul, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Supaul P.S. Case No. 376 of 2015, registered under Sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code. The accusation is that at the time of occurrence this petitioner gave the knife blow at the abdomen of Md. Ibadat, brother of the informant.

Learned counsel for the petitioner submits that, in fact, occurrence took place due to land dispute, in which, petitioner and others also sustained injury, regarding which, Supaul P.S. Case No. 377 of 2015 was instituted on 28.08.2015, under Sections 147, 148, 149, 323, 324, 307 and 504/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.21033 of 2017 (2) dt.17-05-2017 Moreover, the allegation against the petitioner is only to give single knife blow at the abdomen of the brother of the informant, which is said to be grievous in nature. It is further submitted that petitioner has no criminal antecedent and is in custody since 13.01.2017.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 376 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T