Manoj Mallik @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18793 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== MANOJ MALLIK @ MANOJ KUMAR Son of Late Suresh Mallik Resident of Village - Railway Station, Bakhtiyarpur Belthan, P.S.- Bakhtiyarpur, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Singh, Advocate For the Opposite Party :

Mr.Jai Narain Thakur, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-06-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 380 and other allied sections of the Indian Penal Code.

Two country made Katta, one country made revolver and 14 live cartridges have been recovered from the house of the petitioner.

Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case. He submits that recovery is from the joint house and not from the conscious possession of the petitioner. Petitioner has got no criminal antecedent and he is in custody since 16.10.2019.

Learned State counsel opposes the prayer for bail.

Patna High Court CR. MISC. No.18793 of 2020(2) dt.04-06-2020 2/2 Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Barh in Bakhtiyarpur Police Station Case No. 315/2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T