Patna High CourtCR. MISC./37134/2024bail granted

Md. Kaiyum v. The State Of Bihar

2024-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37134 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== MD. KAIYUM SON OF LATE MD. SAFFID RESIDENT OF VILLAGE - PATRAHA, P.S. - BARHARA KOTHI, DISTRICT - PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 187 of 2024, arising out of Barhara P.S Case no. 19 of 2023 registered under sections 307, 147, 148, 149, 341, 323, 324, 379, 325, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is of having struck the husband of the informant on his head with a garasa leading to grievous injuries.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 14.3.2024 passed in Cr. Misc. no. 14529 of 2024 giving liberty to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is later.

Patna High Court CR. MISC. No.37134 of 2024(3) dt.20-09-2024 2/2 Referring to the order dated 2.5.2024 contained in Annexure-P/6 read with paragraph no.12 of the petition, it is submitted that charge has been framed against the petitioner in the learned trial Court. The petitioner is in custody since 21.11.2023 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner by the earlier order of rejection dated 14.3.2024, charge having been framed in the case together with the petitioner having remained in custody since 21.11.2023, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 187 of 2024 (arising out of Barhara P.S Case no. 19 of 2023) 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 Sessions Judge-I, Purnea. (Partha Sarthy, J) Shiv/- U T