Mallik @ Abdul Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38643 of 2019 Arising Out of PS. Case No.-234 Year-2016 Thana- JOKIHAT District- Araria ====================================================== MALLIK @ ABDUL MALIK S/O Late Hasiruddin Resident of VillageThapkol, P.S.- Jokihat, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha For the State :
Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 326, 307, 353, 379, 427, 504 and 506 of the Indian Penal Code, registered in connection with Jokihat P.S.Case No. 234 of 2016.
3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 18 named accused persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioner. It is further submitted that similarly situated accused persons Ranjeet Sah @ Ranjeet Kumar Sah and Ashok Sah, have been granted anticipatory bail by this Court in Cr. Misc. No. 35697 of 2019. The petitioner claims clean antecedents.
Patna High Court CR. MISC. No.38643 of 2019(3) dt.18-09-2019 2/3
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner 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 learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S.Case No. 234 of 2016, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without
Patna High Court CR. MISC. No.38643 of 2019(3) dt.18-09-2019 3/3 sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T