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Patna High CourtCR. MISC./54689/2024bail granted

Md. Masum @ Md. Masum Mansuri v. The State Of Bihar

2024-09-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54689 of 2024 Arising Out of PS. Case No.-21 Year-2021 Thana- SAKATPUR District- Darbhanga ====================================================== Md. Masum @ Md. Masum Mansuri S/o Md. Yashin @ Md. Yashin Nadaf R/o vill - Ujan Kanakpur, P.S. - Sakatpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024 Heard learned counsel for the parties.

2.

The petitioner has preferred this application for grant of regular bail in connection with Sakatpur P.S. Case No. 21 of 2021, corresponding to S.T. No. 300 of 2022, (C.R.I. No. 1672 of 2021) registered under sections 341, 324, 307, 354-B and 34 of the Indian Penal Code.

3.

As per the prosecution case, the petitioner is said to have given an axe blow on the head of Md. Akbar. 4.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Earlier prayer for bail of the petitioner was rejected vide order dated 21.03.2022 passed in Cr. Misc. No. 48614 of 2021. Inspite of the petitioner having remained in custody since 6.5.2021 and not having any criminal antecedent, the trial has still not

Patna High Court CR. MISC. No.54689 of 2024(2) dt.06-09-2024 2/2 concluded nor is there any chance of the same concluding in the near future. The petitioner undertakes to cooperate in the trial. 5.

Learned APP for the State has opposed the application for prayer for bail.

6.

Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the case being one under section 307 of the Indian Penal Code besides other sections, the petitioner having remained in custody for more than three years since 6.5.2021 and the trial having commenced in the learned trial court, the Court directs the petitioner to be enlarged on bail in connection with Sakatpur P.S. Case No. 21 of 2021, corresponding to S.T. No. 300 of 2022 (C.R.I. No. 1672 of 2021) 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 District and Session Judge-11th, Darbhanga.

(Partha Sarthy, J) Ranjeet/- U T