Pramod Malakar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52788 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================

1. Pramod Malakar, son of Bhagwat Malakar.

2. Chandan Malakar, son of Pramod Malakar.

3. Niraj Malakar, son of Upendra Malakar.

Resident of village-Saidpur, Police Station-Mansi, District-Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 06-12-2016 Heard.

The petitioners apprehend their arrest in connection with Mansi P.S. Case No.175 of 2016 registered under Sections 341, 323, 504 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that in course of playing drama in village-Saidpur in the night of 17/18.09.2016, the co-accused Kaushik Malakar, Chandan Malakar (petitioner no.2) and their father Pramod Malakar (petitioner no.1) and Niraj Malakar (petitioner no.3) started obstruction in playing the drama. On protest made by the informant and others, the co-accused Kaushik Malakar went to his house and brought a rifle and shot fire at the

Patna High Court Cr.Misc. No.52788 of 2016 (2) dt.06-12-2016 2/2 informant causing injury at his left chick. The petitioners also started to assault to the villagers through chair causing blood injury to one Chandan Kumar at his head.

Learned counsel appearing on behalf of the petitioners submits that the specific allegation of firing shot through rifle causing injury at the left chick of the informant is against the coaccused Kaushik Malakar and the petitioners are said to be members of the mob and there is general allegation against them of causing injury to Chandan Sharma at his head. Further submission is that the petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No.175 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T