Mustafa Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86290 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Mustafa Mian, (Male). Aged about 45 years, son of Zahir Mian Resident of Village- Satha Banwa Tola, P.S.- Paharpur, District- East Champaran. 2.

Jumma Hussain, (Male), aged about 23 years, S/o Nashruddin Mian Resident of Village- Satha Banwa Tola, P.S.- Paharpur, District- East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma- Advocate For the Opposite Party/s :

Dr. Ajeet Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-03-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in custody since 05.10.2019 and seeks bail in connection with Paharpur P. S. Case No.341 of 2019 registered for the offences punishable under Sections 341, 323, 324, 504, 354, 307, 337, 338 and 506/34 of the I.P.C. The allegation against the petitioners is that they along with one co-accused assaulted informant's wife by means of lathi.

The preliminary injury report of injured goes to show that she sustained one injury on her head and when she was brought to Primary Health Centre, Paharpur, she was

Patna High Court CR. MISC. No.86290 of 2019(3) dt.20-03-2020 2/2 unconscious state and were bleeding from her nose. She was referred to Motihari for better treatment. The doctor of Sadar Hospital, Motihari examined the victim and reported that the patient came with complain of bleeding from nose, but there was no any active bleeding seen. The patient was referred to surgeon. The Investigating Officer collected both the injury reports, but he failed to collect final report from the concerned doctors.

Therefore, in the aforesaid circumstance, there is nothing on record to show that the injured had sustained grievous injury. Moreover, investigation against the petitioners has already been completed.

Accordingly, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P. S. Case No.341 of 2019.

(Hemant Kumar Srivastava, J) vikash U T