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Patna High CourtCR. MISC./12417/2024allowed

Laddu Mallick @ Arif Prawez v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12417 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Laddu Mallick @ Arif Prawez SON OF MD KASIM UDDIN MALLICK @ MD. QUASEEM UDDIN MALLICK Resident of village- KASIM COLONY, PS- SULTANGANJ, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147/148/149/323/341/504/506/447 of the IPC and 27 of Arms Act.

3.

As per the prosecution case, an altercation was going on in between two groups of the locality and the informant separated both the groups. After sometime, the co-accused persons came armed near the house of the informant and abused him. Thereafter, the petitioner is alleged to have fired four rounds, one of which bullet hit the wall of Idrish.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.12417 of 2024(2) dt.12-03-2024 2/2 There is a case and counter-case between the parties and there is no specific overt act against the petitioner. Though there is allegation of firing against the petitioner but nobody has sustained any injury. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since nobody has sustained any injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sultanganj P.S. Case No.332 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T