Mithun Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42262 of 2016 Arising Out of PS.Case No. -302 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Mithun Mallik, Son of Bhuto Mallik, Resident of Village- Punjabi Mohalla, Ward No. 15, Railway Hatha, Police Station- Lakhisarai, DistrictLakhisarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44784 of 2016 Arising Out of PS.Case No. -302 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Harsh Kumar son of Laxman Saw, resident of Village Naya Bazar, Bazar Samiti, Ward No.31, Lakhisarai, P.S. & District- Lakhisarai. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.42262 of 2016) For the Petitioner/s : Mr. Dharmendra Kumar Raju, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP (In Cr.Misc. No.44784 of 2016) For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 394 and 412 of the Indian Penal Code. Allegation is that on the point of pistol the accused persons including the petitioners snatched the motorcycle and money bag from the pocket of the informant and fled away.

Patna High Court Cr.Misc. No.42262 of 2016 (3) dt.29-11-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 5.6.2016 and charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to previous enmity. The matter has been settled between the parties outside the court, which is evident from Annexure-2 to the bail application of petitioner Harsh Kumar. It is further submitted that the petitioners may be released after completion of nine months in custody from 5.6.2016. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail after completion of nine months in custody from 5.6.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. case No.302 of 2016.

(Sudhir Singh, J) Narendra/- U T