Patna High CourtCR. MISC./19130/2016bail granted

Md. Mustkim Baitha v. The State Of Bihar

2016-05-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19130 of 2016 (2) dt.05-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19130 of 2016 Arising Out of PS.Case No. -185 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Md. Mustkim Baitha Son of Late Sabir Baitha, Resident of Village - Mujahid, Police Station - Parbatta, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code.

In the first information report, only suspicion was raised against the petitioner and others but in course of investigation, son of the deceased at para 108 of the case diary claimed that petitioner and co- accused Jannat Baitha as well as one unknown caught the leg of the deceased and it was co- accused Gulo Baitha who cut the throat of the deceased. Co- accused Jannat Baitha and Gulo Baitha have already been granted bail by the court below itself.

Moreover, even if the aforesaid statement of so-called eyewitness assumed to be true, then also, the aforesaid statement came at belated stage and the above stated fact was not disclosed by the above stated witness to the informant prior to institution of the present case.

Patna High Court Cr.Misc. No.19130 of 2016 (2) dt.05-05-2016 Informant happens to be father of the aforesaid witness. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent and is languishing in jail custody since 25.2.2016, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Parbatta P.S. Case no. 185/2015.

shahid (Hemant Kumar Srivastava,J) U T