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Patna High Court

Durga Mathuri @ Durga Prasad MathuriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Durga Mathuri applied for bail in a case registered as Batiya P.S. Case No. 43 of 2025, alleging offences under Sections 103(1), 126(2), 115(2) read with Section 3(5) of the BNS. The prosecution alleged that a brick thrown during a fight struck the deceased, causing death. The petitioner contended that he was falsely implicated, the FIR was lodged 13 days after the incident, and that the facts did not constitute an offence under Section 302 of the Indian Penal Code. The court examined the delay in filing the FIR and the lack of clear evidence linking the petitioner to the homicide. Finding merit in the petitioner's arguments, the court allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving alleged homicide under the BNS and IPC provisions.
  • Whether the delay of 13 days in filing the FIR and the alleged lack of evidence justify granting bail.

Legislation cited

Subjects

  • bail
  • homicide
  • delayed FIR
  • Indian Penal Code
  • criminal procedure

Judgment

                      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

4   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


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