Umesh Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17184 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- KATHAIYA District- Muzaffarpur ====================================================== 1.

Umesh Mallik S/O- Nagina Mallik Village- Kaji Basara Ps- Saraiya DistMuzaffarpur 2.

Rajan Mallik Son Of Umesh Mallik Village- Kaji Basara Ps- Saraiya DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 341, 323, 324, 307, 379, 354B, 504, 506 of the Indian Penal Code.

As per FIR, the allegation against the petitioners is that they gave a Dab and a knife blow upon the stomach of the informant's son due to which he sustained injuries. It is further alleged that the petitioner no-1 also tried to outrage of the modesty of the informant.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.17184 of 2023(3) dt.13-07-2023 2/2 have falsely been implicated in this case due to dirty village politics. They have got no criminal antecedent. During investigation, as per statement of the injured, which is mentioned at para 10 of the case diary wherein he has not specifically stated against petitioner rather he specifically stated about assaulting by means of dab against co-accused, namely, Anil Mallik. It is further submitted that the petitioners are languishing in judicial custody since 02.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kathaiya P.S. Case No. 169 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Magistrate, West Muzaffarpur.

(Sunil Kumar Panwar, J) Manishkumar/- U T