Sukhari Mallik @ Surendra Mallik @ Sukhwan Mallik @ Sukhan Mallik @ Sulendra Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16629 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- BAKHTIYARPUR District- Patna ============================================== SUKHARI MALLIK @ SURENDRA MALLIK @ SUKHWAN MALLIK @ SUKHAN MALLIK @ SULENDRA MALLIK Son of Chhotey lal Mallik Resident of Railway Station (Belthan), P.S.- Bakhtiyarpur, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Maya Shankar Mishra For the Opposite Party/s :

Mr.Lalan Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, who is in custody since 30.09.2019 and claimed to be a person of clean antecedent seeks bail in connection with Bakhtiyarpur P.S. Case No. 315/2019 dated 28.09.2019 corresponding to G.R. No. 1449/2019 registered for the offences under Sections 455, 457, 459, 380 and 411 of the Indian Penal Code.

The First Information Report discloses that persons of the locality informed the police station that two persons were carrying something tied in a blue bed sheet in a

Patna High Court CR. MISC. No.16629 of 2020(2) dt.02-06-2020 2/3 suspicious manner. When asked by the local persons about the same, the miscreants fled away, leaving behind the packet. On opening of the same, it was found that there were six to seven rusted fire arm weapons. On this information, police reached the spot and found such statement to be correct. Local persons are also alleged to have told the police party that from the look of the persons who fled away, it appeared that they were the sweepers/cleaners of the area. It further appears that from the raid in the house of the petitioner, three country made pistols were recovered.

It has been urged on behalf of the petitioner that recovery has only been shown from the possession of the petitioner in order to justify his arrest. He is a person of clean antecedent and only because he is working as a sweeper in the locality, the needle of suspicion has been pointed towards him.

Regard being had to the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on furnishing his bail bonds to

Patna High Court CR. MISC. No.16629 of 2020(2) dt.02-06-2020 3/3 the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Bakhtiyarpur P.S. Case No. 315/2019 dated 28.09.2019 corresponding to G.R. No. 1449/2019.

(Ashutosh Kumar, J) sunilkumar/- U T