Bhanu Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12560 of 2022 Arising Out of PS. Case No.-342 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== 1.

Bhanu Mallik S/o Jangali Mallik Resident of Village- Ahirwa Tola, Ward No.7, Raxaul, P.S.- Raxaul, District- East Champaran. 2.

Parmila Devi W/o Bhanu Mallik Resident of Village- Ahirwa Tola, Ward No.7, Raxaul, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anang Mohan Sinha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard both parties.

The petitioners seek bail in Raxaul P.S. Case No. 342 of 2021, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. Later on section 302, 504/34 IPC were added.

As per the prosecution case, all the accused persons including petitioners having variously armed came at Darwaja of informant and started abusing. When informant protested, they all started assaulting them. On the order of co-accused Akash Mallik, co-accused Vikram Mallik assaulted the deceased with knife in his stomach as a result of which he died during course of treatment.

Patna High Court CR. MISC. No.12560 of 2022(2) dt.09-05-2022 2/2 It is submitted on behalf of the petitioners that there is general and omnibus allegation of assault against petitioners and no specific overt act has been alleged against petitioners. Petitioners are in custody since 28.08.2021.

Counsel for informant however, vehemently opposed the prayer for bail.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Raxaul P.S. Case No. 342 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T