Ravi Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15957 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== RAVI MALLIK, aged about 22 years, Male, S/O- Satyendra Mallik, Resident of Village - Nayatola Raghopur, P.S. - Bakhtiyarpur, District - Patna ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 15979 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

PIKKU KUMAR, aged about 22 years, Male, S/o Manu Prasad, R/o villageBhikhua, P.S.- Fatuha, District- Patna 2.

Niranjan Kumar @ Pulis Kumar, aged about 20 years, Male, S/o Ram Bali Prasad, R/o village- Bhikhua, P.S.- Fatuha, District- Patna ... Petitioners

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15957 of 2020) For the Petitioner :

Mr. Ravi Prakash Dwivedi, Adv.

For the Opposite Party :

Mr. Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 15979 of 2020) For the Petitioners :

Mr. Rajeev Kumar, Adv.

For the Opposite Party :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2020 Both the cases arise out of same police station, hence, both are heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state thorough video conferencing.

The petitioners seek bail in connection with Bakhtiyarpur P.S. Case No. 322 of 2019 registered under

Patna High Court CR. MISC. No.15957 of 2020(2) dt.03-06-2020 2/3 Sections 399 and 402 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of miscreants at the house of Kaushal Yadav in village Madhopur, the informant, along with other police officials, reached there. On seeing the police party at the gate they tried to flee away, but, six persons were apprehended, who disclosed their names Dhananjay Kumar, Prem Kumar, Ravi Mallik (petitioner in Cr. Misc. No. 15957 of 2020), Piku Kumar, Niranjan Kumar (petitioners in Cr. Misc. No. 15979 of 2020) Kaushal Yadav, Pankaj Kumar, and Kamlesh Yadav. On search, Dhananjay Kumar was found with loaded pistol and one alive cartridge, Prem Kumar was also found with loaded pistol whereas Ravi Mallick (petitioner in Cr. Misc. No. 15957 of 2020) was found in possession of two live cartridges. Submission is that Ravi Mallick (petitioner in Cr. Misc. No.

15957 of 2020) and petitioner no. 2, Niranjan Kumar (Cr. Misc. No. 15979 of 2020) are said to be found in possession of one country made pistol and live cartridges have no criminal antecedent and petitioner no. 1, Pikku Kumar (Cr. Misc. No. 15979 of 2020) has three criminal antecedent, as detailed in paragraph 4 of Cr. Misc. No. 15979 of 2020.

Patna High Court CR. MISC. No.15957 of 2020(2) dt.03-06-2020 3/3 are in custody since 07.10.2019 and on investigation, the police has already submitted the charge sheet.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 322 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, I, Barh, Patna, subject to the condition that out of two bailors, one must either be parent or close relative of the petitioners.

(Rajendra Kumar Mishra, J) Shamshad/- U T