Bikram Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35417 of 2020 Arising Out of PS. Case No.-333 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== BIKRAM MALIK Son of Ashrafi Malik Resident of Village- Jitaura, Police Station- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Kalyanpur PS Case No. 333/2019 registered for the offence punishable under Sections 302/201/34 of the IPC.

3. The allegation, as per First Information Report, is that the dead body of the husband of the informant having cut injury in his neck was found lying in the sugarcane field.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement made by a co-accused, Baidyanath Malik. Learned counsel further submits that petitioner is not named in the FIR and he is having no criminal antecedents.

Patna High Court CR. MISC. No.35417 of 2020(3) dt.02-02-2021 2/3 Learned counsel next submits that even if the confessional statement of the co-accused, Baidyanath Malik is taken into account, no role has been attributed to the petitioner in commission of the present offence. Learned counsel next submits that the looted property from the deceased has not been recovered from the possession of the petitioner.

5. Learned counsel also submits that the co-accused, Manoj Malik, whose name also transpired in the confessional statement of the said Baidyanath Malik, has been granted bail by this Court in Cr. Misc. No. 32452/2020. Learned counsel next submits that petitioner is in custody since 26.03.2020 having no criminal antecedents.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Manoj Malik has been granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

7. Accordingly, let the petitioner, BIKRAM MALIK be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.35417 of 2020(3) dt.02-02-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIXth, Motihari, East Champaran in connection with Kalyanpur PS Case No. 333/2019.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T