Viru Mallik @ Niraj @ Biru Mallik @ Neeraj v. The State Of Bihar
Patna High Court Cr.Misc. No.13890 of 2016 (2) dt.05-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13890 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Viru Mallik @ Niraj @ Biru Mallik @ Neeraj son of Yogender Mallik, resident of Mohalla- Bahalkhana Dom Toli, P.S.- Town, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s Smt. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 401 and 353/34 of the Indian Penal Code.
Informant nabbed the petitioner having got confidential information that the petitioner was an active member of a gang whose modus operandi is to cut the shutter of the shops. Admittedly, nothing was recovered from conscious possession of the petitioner and no attempt is said to have been made by the petitioner to cut the shutter of any shop rather it is stated that the petitioner and his associates were only making planning to cut the shutter of the shops.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that the petitioner
Patna High Court Cr.Misc. No.13890 of 2016 (2) dt.05-04-2016 does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, Judicial Magistrate, Ist Class, Muzaffarpur in Town P.S. Case no. 78/2015. shahid (Hemant Kumar Srivastava,J) U T