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Suresh Mistry Vs. the State of Bihar

Suresh Mistry vs The State of Bihar

Type Court Judgment Court Patna Decided May 19, 2012
~2 min read
https://sooperkanoon.com/case/975240

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Suresh Mistry

Respondent

The State of Bihar

Excerpt

patna high court cr.misc. no.31466 of 2011 (5) dt.19-01-2012 in the high court of judicature at patna criminal miscellaneous no.31466 of 2011 ====================================================== suresh mistry, son of bhaso mistry. .... .... petitioner/s versus the state of bihar .... .... opposite party/s =====================================================”19. 01-2012 heard learned counsel for the petitioner as well as learned additional public prosecutor for the state. allegedly, petitioner gave one sabal blow on the head of the informant. learned counsel for the petitioner drew my attention of para 24 of the case diary that informant had received simple injury except injury no. 3, which is said to be incised in nature, caused by sharp cutting object. learned counsel for the petitioner submits that the nature of injury has not been given in the aforesaid paragraph 24 of the case diary. although, impugned order reveals that in c.t. scan, a simple layer of blood was detected in the head injury of informant but submission on behalf of the petitioner is that the aforesaid report of c.t. scan was never produced by the informant before the i.o. and the said report was directly produced before the court at the time of hearing of the bail application. considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner and informant are full brothers and dispute arose patna high court cr.misc. no.31466 of 2011 (5) dt.19-01-2012 between them on petty issue, let the above named petitioner be released on bail on furnishing bail bonds of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned chief judicial magistrate, jamui in connection with jhajha p.s. case no. 01 of 2011. (hemant kumar srivastava, j) devendra/-

Full Judgment

Patna High Court Cr.Misc. No.31466 of 2011 (5) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31466 of 2011 ====================================================== Suresh Mistry, son of Bhaso Mistry. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================”

19. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Allegedly, petitioner gave one Sabal blow on the head of the informant. Learned counsel for the petitioner drew my attention of para 24 of the case diary that informant had received simple injury except injury no. 3, which is said to be incised in nature, caused by sharp cutting object. Learned counsel for the petitioner submits that the nature of injury has not been given in the aforesaid paragraph 24 of the case diary. Although, impugned order reveals that in C.T. scan, a simple layer of blood was detected in the head injury of informant but submission on behalf of the petitioner is that the aforesaid report of C.T. scan was never produced by the informant before the I.O. and the said report was directly produced before the court at the time of hearing of the bail application. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioner and informant are full brothers and dispute arose Patna High Court Cr.Misc. No.31466 of 2011 (5) dt.19-01-2012 between them on petty issue, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 01 of 2011. (Hemant Kumar Srivastava, J) Devendra/-

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