Patna High CourtCR. MISC./88291/2025bail granted

Durga Mathuri @ Durga Prasad Mathuri v. The State Of Bihar

2026-03-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88291 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- BATIYA District- Jamui ====================================================== Durga Mathuri @ Durga Prasad Mathuri Son of Late Lattu Mathuri Resident of Village- Modhi Gandar, P.S.- Batiya, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Batiya P.S. Case No. 43 of 2025 registered for the offence under Sections 103(1), 126(2), 115(2) read with Sction 3(5) of the BNS.

3. As per the prosecution case, when the parties were in a fight, one brick was thrown which hit the deceased causing his death.

4. The petitioner is in custody since 2.7.2025.

5. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the FIR has been registered after a delay of 13 days and the deceased has

Patna High Court CR. MISC. No.88291 of 2025(4) dt.24-03-2026 2/2 sustained one injury but from the facts of this case, he submits that no offence under Section 302 of the Indian Penal Code is made out against the petitioner.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui/concerned Court below in connection with Batiya P.S. Case No. 43 of 2025.

(Sandeep Kumar, J) Vikas/- U