Md. Sattar @ Md. Sattar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53270 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Md. Sattar @ Md. Sattar Mian, Son of Md. Khalil, R/o VillageMohammadpur Naya Tola, P.S.- Sakra in the District of Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sakra P.S. Case no. 305 of 2023 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that while the petitioner caught hold of her husband, Khushboo Khatoon sat on him, Madina Khatoon caught hold of his legs and Md. Mubarak struck with a knife, as a result of which he died.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 31.1.2024 (Annexure-1) passed in Cr. Misc. no. 4629 of 2024 giving liberty to the petitioner to renew his prayer for bail on completing one year in custody or after framing of

Patna High Court CR. MISC. No.53270 of 2024(2) dt.30-08-2024 2/2 charge, whichever is later. Learned counsel for the petitioner produces a certified copy of the order-sheet of the learned trial Court in evidence of the fact that charge has been framed against the petitioner on 16.1.2024 under sections 302/34 of the Indian Penal Code. The same is taken on record. The petitioner is in custody since 4.7.2023.

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

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the liberty granted to the petitioner in the earlier order of rejection dated 31.1.2024, the petitioner having remained in custody for more than one year since 4.7.2023 and charge having been framed against the petitioner in the learned trial Court on 16.1.2024, the petitioner is directed to be enlarged on bail in connection with Sakra P.S. Case no. 305 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 Chief Judicial Magistrate, Muzaffarpur. (Partha Sarthy, J) avinash/- U T