Pintu Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42242 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- ALOULI District- Khagaria ====================================================== PINTU MALLIK S/O GAYADHAR MALLIK @ GAJADHAR MALLIK @ CHAKRADHAR MALLIK Resident of village- Alauli, P.S.- Alauli, DistrictKhagaria, ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Alauli P.S. Case No. 112 of 2022, registered for the offence punishable under Sections 341, 323, 504, 506, 307, 302, 324/34 of the Indian Penal Code and Section 3/ 4 of the Witch Act.

The allegation is regarding the accused persons having entered the house of the informant on the alleged date and time of occurrence, whereafter the co-accused person, namely, Raj Kishor, had assaulted the mother of

Patna High Court CR. MISC. No.42242 of 2022(3) dt.25-01-2023 2/3 the informant with lathi and the co-accused person, namely, Gajadhar, had stabbed the mother of the informant with knife in her stomach.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 21.3.2022. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and he has not been alleged to have engaged in any specific overt act qua the informant and his family members.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also having perused the

Patna High Court CR. MISC. No.42242 of 2022(3) dt.25-01-2023 3/3 impugned order dated 29.6.2020, this Court finds that as far as the petitioner is concerned, there is no specific allegation of him having engaged in any specific overt act, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Alauli P.S. Case No. 112 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T