Patna High CourtCR. MISC./31252/2016bail granted

Mustaque @ Mattu v. The State Of Bihar

2016-08-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31252 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -JALALGARH District- PURNIA ======================================================

1. Mustaque @ Mattu Son of Siddique resident of village- Kharaiya, Police Station-Jalalgarh in the district of Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other minor sections of the Indian Penal Code.

Petitioner is named in the first information report but according to prosecution case itself, it were F.I.R. named accused, Sakib and Sakir who assaulted the deceased and so far as petitioner is concerned, it is only stated that he along with others participated in the alleged crime. The post mortem report of the deceased goes to show that deceased sustained only one head injury which was proved fatal for him and the aforesaid injury appears to be attributed against co-accused, Sakib and Sakir.

Patna High Court Cr.Misc. No.31252 of 2016 (2) dt.16-08-2016 2/2 Moreover, petitioner is in jail custody since 04.04.2016 and investigation against him appears to have already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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, Purnea in connection with Jalalgarh P.S. Case No. 112 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T