Md. Asif @ Asif Mallick v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14785 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Md. Asif @ Asif Mallick, S/o Md. Faisal @ Faisal Mallik Resident of village - Kaitha, P.S- Chandradeep, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 112 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 427, 506 and 504 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of causing assault to the uncle of the informant leading to serious injury.
4. Learned counsel for the petitioner taking this Court through the FIR has contended that the allegation has been levelled that all the nine accused persons including the petitioner have brutally assaulted the uncle of the informant by means of knife, sword, iron rod and danda but surprisingly, the
Patna High Court CR. MISC. No.14785 of 2025(3) dt.12-05-2025 2/3 injury report does not corroborate the prosecution case, inasmuch as only two lacerated wounds and one abrasion and swelling were found over the body. The injury which is sustained on the hand of the uncle of the informant is said to be grievous in nature caused by hard and blunt substance; thus, the learned counsel for the petitioner contended that the case of the informant falls to the ground that his uncle was stabbed by the knife and assaulted by the sword. It is further contended that in fact on account of long-standing dispute, the informant and his family members are kept on lodging FIR and other criminal cases, resultantly the petitioner is having two criminal antecedent. However, the petitioner is on bail in both the cases. It is lastly contended that now the petitioner undertakes that he will fully cooperate in the investigation and the proceedings of the Court.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the long-standing dispute between the parties, as also the injury report, let the above named petitioner, be released on bail, in the event of his arrest or surrender before
Patna High Court CR. MISC. No.14785 of 2025(3) dt.12-05-2025 3/3 the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Jamui in connection with Chandradeep P.S. Case No. 112 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., with further conditions that:
(i) One of the bailors shall be the own/close family members of the petitioner.
(ii) In case, the petitioner is found indulge in such kind of activities in future, the informant as well as the State shall be at liberty to file appropriate application for cancellation of the bail bond(s) of the petitioner.
(Harish Kumar, J) rohit/- U T