Patna High CourtCR. MISC./19757/2018bail granted

Reet Lal Mallik v. The State Of Bihar

2018-05-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 19757 of 2018 Arising Out of PS.Case No. -184 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Reet Lal Mallik S/o Late Rameshwar Mallik, R/o Village- Bhagwanpur Chakshekhu, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 394/395 of Indian Penal Code.

Petitioner is in custody since 01.03.2016. It is submitted that only on the basis of his own confessional statement, he has been remanded in this case. The confessional statement has led no recovery and though the informant claims to have seen the perpetrators of the crime, no test identification parade has been held to ascertain the identity of the petitioner. Four more cases have been lodged against the petitioner but in all the cases, he is on bail.

Considering the aforesaid submissions, prayer for

Patna High Court Cr.Misc. No.19757 of 2018 (3) dt.22-05-2018 2/2 bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Rosera in Sessions Trial No 329 of 2016 arising out of Bibhutipur Police Station Case No 184 of 2015 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T