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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
MUSTAQUE MIAN @ MUSTAK AHMAD – Appellant
Versus
The State – Respondent
CR. MISC./49601/2022
In cases where the prosecution's case is not strong and the accused has no criminal antecedents, bail may be granted.
Headnote:
BAIL - SECTION 307 IPC - INJURY CAUSED BY HARD AND BLUNT SUBSTANCE - NO CRIMINAL ANTECEDENT - BAIL GRANTED
Fact of the Case:
The petitioner was arrested in connection with a case registered under Sections 341, 323, 324, 307, 379, 504, 506, and 34 of the Indian Penal Code. The prosecution alleged that the petitioner and other co-accused persons assaulted the informant with a knife, causing injuries, and snatched a golden chain and mobile from him.
Finding of the Court:
The court noted that the injury opined by the doctor was simple in nature and caused by a hard and blunt substance, which did not corroborate with the prosecution's version of the case. The court also considered that the petitioner had no criminal antecedents.
Issues: Whether the petitioner should be granted bail considering the nature of the injuries and the lack of criminal antecedents.
Ratio Decidendi: The court held that the petitioner was entitled to bail as the prosecution's case was not strong and the petitioner had no criminal antecedents.
Final Decision: The court granted bail to the petitioner on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49601 of 2022
Arising Out of PS. Case No.-60 Year-2020 Thana- JAMOBAZAR District- Siwan
======================================================
MUSTAQUE MIAN @ MUSTAK AHMAD Son of Late Gyasuddin Mian
Resident of village - Jogapur Kothi, P.S.- Jamo Bazar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Ajay Kumar Tiwary
For the Opposite Party/s :
Mr.A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
The petitioner has filed the instant application for
grant of regular bail in connection with Jamo Bazar P.S. Case
No. 60 of 2020 registered under Sections 341, 323, 324, 307,
379, 504, 506 and 34 of the Indian Penal Code.
The prosecution case in nutshell is that petitioner
along with other co-accused persons assaulted the petitioner
with knife due to which informant sustained injuries. It is
further alleged that petitioner snatched golden chain and mobile
from the informant.
Learned counsel for the petitioner submitted that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is languishing in judicial custody since
Patna High Court CR. MISC. No.49601 of 2022(3) dt.11-01-2023
2/2
19.05.2022. It is further submitted that injury opined by the
doctor is simple in nature and caused by hard and blunt
substance, which do not corroborate with the prosecution
version of the case. A statement has been made in para 3 of the
petition that petitioner has no criminal antecedent.
The application for bail is opposed by learned APP for
the State and learned counsel for the informant.
Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the Court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be enlarged on bail in
connection with Jamo Bazar P.S. Case No. 60 of 2020 on
furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-X, Siwan
shubham/-
(Sunil Kumar Panwar, J)
U
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