Birendra Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30261 of 2021 Arising Out of PS. Case No.-154 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== BIRENDRA MALLIK Son of Banaras Mallik Resident of Village - Usarahiya, At present - Pakri tole, Hanuman Nagar, P.S.- Riga, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner and other accused persons are alleged to have made a demand of the extortion of Rs.10,000/ from the informant. It is further stated that on refusal, the petitioner fired on the informant. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 22.9.2020 (Annexure-1) giving liberty to the

Patna High Court CR. MISC. No.30261 of 2021(2) dt.11-08-2021 2/2 petitioner to renew his prayer for bail after 6 months. It is further submitted that the F.I.R. was registered after a delay of 11 days with no reasonable explanation for the same. The other accused persons have already been granted anticipatory or regular bail.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration grant of bail to the other co-accused together with the observation/liberty granted to the petitioner in the earlier order of rejection dated 22.9.2020 and the petitioner having remained in custody for 1 year 7 months since 3.1.2020, the Court directs the petitioner to be enlarged on bail in connection with Riga P.S. Case no.154 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T