Patna High CourtCR. MISC./81404/2024bail granted

Md. Shakir Khan v. The State Of Bihar

2025-01-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81404 of 2024 Arising Out of PS. Case No.-635 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Md. Shakir Khan Son of Late Jahangir Khan @ Mohammad Jahangir Resident of Village - Damodarpur Housing Board, P.S. - Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sessions Trial no.72 of 2024 (arising out of Kanti P.S. Case no.635 of 2023) registered under sections 307, 341, 323, 324, 380, 452, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner assaulted her mother with a garasa on her head, body etc. causing grievous injuries.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 16.4.2024 passed in Cr. Misc. no.2254 of 2024. Inspite of the petitioner being in custody since 19.8.2023 and charge having been framed on 13.2.2024, only one witness has been examined on behalf of the prosecution. As such, there is no

Patna High Court CR. MISC. No.81404 of 2024(3) dt.03-01-2025 2/2 chance of the trial concluding in the near future. The petitioner undertakes to cooperate in the trial.

5. A report was called for from the learned trial Court. As per the report received contained in letter dated 11.12.2024, only one witness has been examined on behalf of the prosecution on 18.11.2024.

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

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner being in custody for more than 1 year 4 months since 19.8.2023 and only one witness having been examined on behalf of the prosecution, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.72 of 2024 (arising out of Kanti P.S. Case no.635 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 12th, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T