Harichandra Mallik @ Harindra Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15185 of 2024 Arising Out of PS. Case No.-532 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== 1.
Harichandra Mallik @ Harindra Malik Son Of Jagdish Mallik Resident Of Village - Azamgarh, Ps- Dumra, , Dist- Sitamarhi 2.
Raushan Mallik Son Of Jagdish Mallik Resident Of Village - Azamgarh, PsDumra, , Dist- Sitamarhi 3.
Sanjay Mallik Son Of Mohan Mallik Resident Of Village - Bangaon, PsBajpatti, Distt- Sitamarhi 4.
Gagan Mallik Son Of Mohan Mallik Resident Of Village - Bangaon, PsBajpatti, Distt- Sitamarhi 5.
Suraj Mallik Son Of Mohan Mallik Resident Of Village - Bangaon, PsBajpatti, Distt- Sitamarhi 6.
Lakshman Mallik Son Of Khakhnu Mallika Resident Of Village - Bangaon, Ps- Bajpatti, Distt- Sitamarhi 7.
Bhajan Mallik Son Of Umesh Mallik Resident Of Village - Awapur, PsPupri, Distt- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Adv For the Opposite Party/s :
Mr.Dinesh Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Dumra PS Case No. 532 of 2023, dated 07-11-2023, instituted for the
Patna High Court CR. MISC. No.15185 of 2024(2) dt.13-03-2024 2/3 offence punishable under Sections 457, 380 and 411 of the IPC.
3. As per the prosecution case, some unknown accused persons have committed theft in the house of the informant. It is alleged that they have looted Tika, Nathiya, Jumka, Ring and silver ornaments from the house of the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have been falsely implicated in this case. It is submitted that FIR has been lodged against unknown accused persons and the petitioners have been made accused only on the basis of the confessional statement of coaccused, namely, Binod Mallik, on whose disclosure, some ornaments are said to have been recovered from the shop of one Santosh Sah. It is submitted that nothing has been recovered from possession or from the house of the petitioners. It is submitted that one criminal case is pending against petitioner no.3 whereas, petitioner nos. 1,2,4, 5, 6 and 7 have no criminal antecedents. They are in custody since 09-11-2023.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.15185 of 2024(2) dt.13-03-2024 3/3 amount each to the satisfaction of the CJM Sitamarhi, in Dumra PS Case No. 532 of 2023.
(Khatim Reza, J) shyambihari/- U T