Sunny Mallick v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29042 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- BEUR District- Patna ====================================================== SUNNY MALLICK Son of Late Rajindra Mallick Resident of Behind Ramdev Bhawan, Domkhana, Mangal Talab, P.S.- Chowk, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Gupta For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Special Case No. 47/2018, Beur P.S. Case No. 146/2018, instituted for offences under Section(s) 324, 307, 353, 120B, 224 and 511 of the Indian Penal Code read with Sections 25(1-b)a, 26, 35 and 27 of Arms Act as well as Sections 3/5 of Explosive Substance Act and Sections 7, 8 and 12 of Prevention of Corruption Act, 1988. It is alleged in the written report that on the date of occurrence 22 prisoners were being taken to Beur Jail after their production in Patna City Civil Court. Near Sipara Bridge, informant heard the sound of bomb explosion three times from inside the van. There was smoke in the van then the van was stopped. In the meantime three prisoners, namely, Sonu,
Patna High Court CR. MISC. No.29042 of 2019(2) dt.06-05-2019 2/3 Sikandar and Aslam started damaging the gate of van in order to flee away, but the police force came in action and closed the gate of van. Thereafter van proceeded towards jail on the order of informant then the informant saw 7-8 persons riding on motorcycle and tempo having arms and ammunition in their hands were coming towards prisoners' van. Seeing the police they fled away firing in the air. The van reached into the campus of Beur Jail and prisoners were lodged in jail. It is alleged that on search splinters of bomb and iron nails were found in the van. From possession of prisoner Sonu Kumar one bomb and one mobile phone were recovered. From possession of Sikandar Yadav one pistol and three live cartridges were recovered. From possession of Md.
Aslam two live cartridges were recovered. Learned counsel for the petitioner has submitted that name of this petitioner has been disclosed by three accused persons, namely, Sonu, Sikandar and Aslam before the police. The other accused persons have already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 55951/2018 dated 01.11.2018 and 508/2019 dated 16.01.2019. Petitioner is in custody since 05.07.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the
Patna High Court CR. MISC. No.29042 of 2019(2) dt.06-05-2019 3/3 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 learned Additional Chief Judicial Magistrate, Patna, in connection with Special Case No. 47/2018, Beur P.S. Case No. 146/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) rakhi/- U T