Lutfur @ Md. Lutfur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2905 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- RAUTARA District- Katihar ====================================================== LUTFUR @ MD. LUTFUR S/o Md. Yasin Resident of Village- Danipur, P.S.- Rautara, District- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have given a blow with a spade (kudal) causing head injury to the husband of the informant.

It is submitted by learned counsel for the petitioner that in a case under section 307 of the Indian Penal Code, the petitioner is in custody since 7.12.2020 and there is no chance of the trial concluding in the near future. Not a single witness has been examined on behalf of the prosecution. The petitioner undertakes to cooperate in the trial.

A report was called for from the learned trial Court.

Patna High Court CR. MISC. No.2905 of 2022(3) dt.02-03-2022 2/2 As per the report received contained in letter dated 7.2.2021, charge has been framed in the case on 22.11.2021 and the case is fixed for prosecution evidence.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 1 year 2 months and charge having been framed in the learned trial Court, the Court directs the petitioner to be enlarged on bail in connection with S.T. no. 301 of 2021 (arising out of Rautara P.S. Case no. 27 of 2020) on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Katihar.

(Partha Sarthy, J) Prakash/- U