Patna High CourtCR. MISC./30722/2017bail granted

Mustaque And ANR v. The State Of Bihar

2017-07-10Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30722 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Mustaque S/o Md. Suger.

2. Md. Yezaz @ Mithu, son of Late Afjal, Both residents of Village- Jiuari, P.S. Pakribarawan, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-07-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Pakribarawan P. S. Case No. 54 of 2017 instituted under Sections 307,323, 341, 379 and 504/34 of the Indian Penal Code. The allegation, in brief, is that when the informant was on the way then accused persons stopped him and Mustaque gave iron rod blow over the head of the informant, but he tilt towards right side, therefore, injury was caused in right eye, forehead and cheek and also committed theft of Rs. 7000/-. Learned counsel for the petitioners submits that the FIR itself discloses that Mustaque infact works in the sweet shop of the informant in Kolkata and he was asking for his labour wages for returning back to this village, therefore, they have been

Patna High Court Cr.Misc. No.30722 of 2017 (2) dt.10-07-2017 2/2 falsely implicated in this case and so-called injuries on the person of the informant are abrasion being simple in nature and the petitioners have clean antecedent.

Having considered the aforesaid facts and circumstances, let the petitioners, namely, Mustaque and Md. Yezaz @ Mithu, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Kumar Avinash, J.M. 1st Class, Nawada in connection with Pakribarawan P.S.Case No. 54 of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U