Chhotu Mallick v. The State Of Bihar

Patna High Court Cr.Misc. No.38996 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38996 of 2017 Arising Out of PS.Case No. -987 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Chhotu Mallick Son of Shrawan Mallick @ Shrawan Balmiki, R/o Gandhipath, Ward No. 08, P.S.- Saharsa, District- Saharsa, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the State. The petitioner who is in custody seeks bail in connection with Saharsa Sadar P.S. Case No. 987 of 2015 registered for the offence punishable under Sections 457, 380 and 411 of the Indian Penal Code.

The allegation against the petitioner is that on 28.11.2015 the informant went to his village for some work, when he returned back to his house on 29.11.2015 he found that the lock of the house was broken from inside. Upon entering the house he realized that his Laptop of Dell company, a Samsung mobile, water tap and Rs. 22, 500, kept in the table desk were missing, amounting to Rs. 70,000/- Learned counsel for the petitioner submits that it is

Patna High Court Cr.Misc. No.38996 of 2017 (2) dt.19-08-2017 clear from the FIR that this case was lodged against unknown persons and petitioner has been made an accused in this case only on the basis of confessional statement of one Arun Kumar Mallick who was apprehended in this case. No recovery has been made from the possession of the petitioner and he is in custody since 12.01.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 987 of 2015 (S. Kumar, J.) veena/- U T