Sudhir Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19260 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Sudhir Malakar S/O Sanichar Malakar Resident of Village- Ramchandarpur, P.S- Maheshkhunt, Distt.- Khagaria.

2.

Badal Malakar @ Badal Kumar S/O Late Pappu Malakar Resident of Village- Ramchandarpur, P.S- Maheshkhunt, Distt.- Khagaria. 3.

Suraj Kumar S/O Sharwan Malakar Resident of Village- Ramchandarpur, P.S- Maheshkhunt, Distt.- Khagaria.

4.

Hiro Kumar S/O Sudhir Malakar Resident of Village- Ramchandarpur, P.SMaheshkhunt, Distt.- Khagaria. 5.

Jaiki Kumar S/O Sudhir Malakar Resident of Village- Ramchandarpur, P.SMaheshkhunt, Distt.- Khagaria. 6.

Pawan Malakar S/O Late Budho Malakar Resident of VillageRamchandarpur, P.S- Maheshkhunt, Distt.- Khagaria. 7.

Ravi Kumar S/O Rajendra Malakar Resident of Village- Ramchandarpur, P.S- Maheshkhunt, Distt.- Khagaria.

8.

Shyam Kumar S/O Late Manoj Malakar Resident of VillageRamchandarpur, P.S- Maheshkhunt, Distt.- Khagaria. 9.

Sanichar Malakar S/O Late Phagu Malakar Resident of VillageRamchandarpur, P.S- Maheshkhunt, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-11-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. This is an application for grant of anticipatory bail on behalf of the above named petitioners who apprehends their arrest in connection with Maheshkhunt P.S. Case No. 202 of 2024 for the offences under sections 191(2), 190, 126(2),

Patna High Court CR. MISC. No.19260 of 2025(5) dt.11-11-2025 2/3 115(2), 117(2), 109, 303(2), 352 of the BNS.

3. Learned counsel for the petitioners submits that during the pendency of this petition, petitioner no. 9 has been died and therefore seeks permission to withdraw the anticipatory bail petition in respect of him.

4. In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.9.

5. The informant alleged that on 05.11.2024 at about 04:00 P.M., the accused persons armed with lathi and rod assaulted him and others causing injuries, snatched his gold chain worth Rs. 35,000/-, took Rs. 5,000/- from his pocket and fled after issuing threats.

6. The learned counsel for the petitioners has submitted that only two persons suffered grievous injuries and all others suffered the injuries, which are simple in nature. Prakash Malakar suffered grievous injuries and there is specific allegation that petitioner no. 6 and petitioner no. 9 (deceased) inflicted a rod blow on his head. One person namely Ambesh Kumar Nirala, also suffered grievous injuries, which is attributed against co-accused Shrawan Malakar and Rajendra Malakar, who are not the petitioners.

Patna High Court CR. MISC. No.19260 of 2025(5) dt.11-11-2025 3/3

7. Considering the above-mentioned facts and circumstances, let the petitioner nos. 1, 2, 3, 4, 5, 7 and 8 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Maheshkhunt P.S. Case No. 202 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

8. So far as petitioner no. 6 is concerned, he is said to have assaulted Prakash Malakar on his head with rod, as a result of which, he received injuries which are grievous in nature. Accordingly, his prayer for bail is rejected. (Nawneet Kumar Pandey, J) Nirmal/- U T