Lalan Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13146 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- KUNAULI District- Supaul ====================================================== LALAN MALLIK SON OF TULSI MALLIK @ TULSI MARIK R/O - KUNAULI, P.S.- KUNAULI, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Section 457 and 380 of the Indian Penal Code.

As per the prosecution case, one golden Mang Tika , golden Mangalsutra and silver payal were stolen away by the petitioner and other co-accused person from the house of the informant and the said accused person and co-accused were seen while they were fleeing away in the light of electricity. Learned counsel for the petitioner has submitted that

the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The Petitioner is also accussed in three other criminal cases as stated at para 3 of the bail petition. The petitioner is in custody since 29.10.2021. Petitioner was remanded in this case. Stolen ornament was also recovered from the possession of the petitioner.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Shri. B. Bhushan, J.M. 1st class, Birpur (Supaul) in connection with Kunauli, P.S. Case No. 65 of 2021, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner will liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T