Arun Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5606 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

Arun Mallik Son of Dukhi Mallik Resident of Village- Jagdar, P.S.- Lakhnour, Distt.- Madhubani 2.

Shravan Mallik Son of Dukhi Mallik Resident of Village- Jagdar, P.S.- Lakhnour, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. In this present case, the petitioners seek bail in connection with Lakhnour P.S. Case No. 136 of 2024 registered on 12.11.2024 for the offences under Sections 115(2), 126(2), 117(2), 74, 109 and 3(5) of B.N.S.

3. As per prosecution case, when the informant went to the house of the petitioners asking for return of money given to the father of the petitioners for marriage of his daughter, the petitioners assaulted him with iron rod causing a number of injuries to him. Further allegation against the petitioners is that they gave 'dabiya' blow to the son of the informant and his daughter-in-law causing fracture on their head.

Patna High Court CR. MISC. No.5606 of 2025(3) dt.12-05-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Father of the petitioners never took any money from the informant. The present case has been lodged in the background of their dispute as the informant and petitioners are agnates and injury report shows simple injuries of the victims. The petitioners are in custody since 13.11.2024 and charge-sheet has been submitted. Petitioners are having clean antecedent.

5. Learned A.P.P. appearing on behalf of State opposes the submission made on behalf of the petitioners. Learned APP submits that petitioners caused injuries to the victims using 'dabiya'.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of dispute and also considering the clean antecedent of the petitioners along with their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jhanjharpur, Madhubani/concerned court in connection with

Patna High Court CR. MISC. No.5606 of 2025(3) dt.12-05-2025 3/3 Lakhnour P.S. Case No. 136 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T