Vishal Malik @ Vishal Kumar Mallik @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39661 of 2023 Arising Out of PS. Case No.-209 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Vishal Malik @ Vishal Kumar Mallik @ Vishal Kumar Son Of Rajesh Mallik R/O Village - Naurangabagh, P.S.- Bettiah Town, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajdeep Mr. N.K. Agarwal, Sr. Adv For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that he assaulted the informant's brother by means of Farsa due to which he sustained injury on his hand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to earlier dispute. It is further submitted that there is case and counter case between both the parties and both parties have sustained injuries as

Patna High Court CR. MISC. No.39661 of 2023(2) dt.14-07-2023 2/2 alleged in separate occurrence. It is also submitted that the injury sustained by the informant's brother on his hand, is not a vital part of the body. Moreover, the petitioner is languishing in judicial custody since 26.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah (Town) P.S. Case No. 209 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran, Bettiah. (Sunil Kumar Panwar, J) shubham/- U T