Patna High Court
Durga Mathuri @ Durga Prasad MathuriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNS — s. 103(1), 115(2), 126(2), 3(5)
- Indian Penal Code — s. 302
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
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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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