Patna High CourtCR. MISC./46414/2016bail granted

Pahari Mallick v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46414 of 2016 Arising Out of PS.Case No. -348 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Pahari Mallick, Son of Late Bhullar Mallick, Resident of Village Tarawe, Police Station Gamharia, District Madhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.07.2016 in connection with Supaul P.S. Case No. 348 of 2016, G.R. No. 1296 of 2016 for the offences alleged under Sections 25(1-B) a, 26(ii) and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the confessional statement of co-accused Hari Yadav @ Harlal Yadav and except this, there is no material to connect the petitioner with the alleged offence. No recovery of any arms has been made from the possession of the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 348 of 2016, G.R. No. 1296 of 2016, with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.46414 of 2016 (2) dt.22-10-2016 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T