Vijay Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1866 of 2020 Arising Out of PS. Case No.-260 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== 1.

VIJAY MALLIK Son of Late Jalim Mallik Resident of Village-Birarakh, P.S.-Sursand, District-Sitamarhi.

2.

Lala Mallik Son of Late Chalittar Mallik Resident of Village-Birarakh, P.S.- Sursand, District-Sitamarhi.

3.

Manoj Mallik Son of Late Jalim Mallik Resident of Village-Birarakh, P.S.- Sursand, District-Sitamarhi.

4.

Nantun Mallik Son of Late Jalim Mallik Resident of Village-Birarakh, P.S.- Sursand, District-Sitamarhi.

5.

Ajay Mallik Son of Kubba Mallik @ Kuba Dom Resident of VillageBirarakh, P.S.-Sursand, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sursand P.S. Case No. 260 of 2019 for the offence punishable under Section 307 and other allies sections of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his family members. The learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.1866 of 2020(2) dt.14-01-2020 2/2 the petitioners have been falsely implicated in the present case. It is further submitted that the petitioners are having a clean antecedent and the present case arises out of a case and counter case and in fact, the petitioner no.1 has received serious injuries during the said altercation which had taken place in between the parties. It is also submitted that as far as the injuries of the prosecution side is concerned, the same are simple in nature. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and proper to direct for release of the petitioners on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners, above named, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Pupri at Sitamarhi connection with Sursand P.S. Case No. 260 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T