Julfekar @ Sk. Julfekar @ Sk. Julfekhar @ Md. Julfekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59806 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Julfekar @ Sk. Julfekar @ Sk. Julfekhar @ Md. Julfekhar S/o- Sk. Sattar Village- Chalba Tola, Bairiya PS- Amdabad District- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 339/2025 arising out of Amdabad P.S. Case No. 95 of 2024 dated 27.05.2024 registered for the offences punishable u/ss 341, 323, 324, 307, 504, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, on 27.05.2024, when the informant's mother went to bring the grass for her goat in front of his house, in the meantime, the petitioner and the coaccused persons assaulted his mother with sickle on her left hand with the intention to kill her due to which she sustained cut
Patna High Court CR. MISC. No.59806 of 2025(3) dt.02-09-2025 2/3 injury and blood was oozing out. Further, with the intention to kill the informant's mother, the petitioner assaulted her causing injury on her head. The informant has further alleged that the petitioner is the step son of his mother and due to land dispute, the alleged occurrence was committed. The injured was taken to the hospital for treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that as per the impugned order, the injured sustained 8 injuries on her body and the nature of injury is mentioned as grievous. It is further submitted that there is no repetition of blow on the injured. The charge has been framed on 02.07.2025 and there are six witnesses in this case but not a single witness has been examined as yet and there is no likelihood that the trial will be conclude in the near future. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the anticipatory bail of the petitioner was earlier rejected by a
Patna High Court CR. MISC. No.59806 of 2025(3) dt.02-09-2025 3/3 Coordinate Bench of this court vide order dated 12.02.2025 passed in Cr. Misc. No. 3961/2025.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with S.T. No. 339/2025 arising out of Amdabad P.S. Case No. 95 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T