Patna High CourtCR. MISC./45102/2025bail granted

Durga Mallik @ Durga Mllik v. The State Of Bihar

2025-07-30Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45102 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Durga Mallik @ Durga Mllik S/O Late Raghubar Mallick @ Raghuvar Mllik R/O Village- Aamdipur Dhamoun, Police Station- Shahpur Patori, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahpur Patori P.S. Case No. 40 of 2025 registered for the offence under Sections 126(2), 115(2), 109, 352, 103(1), 191(2), 190 of the BNS.

3. As per the prosecution case, Ranjan Kumar, Raja Mallick, Sunil Mallick and Jattu Mallick are said to have assaulted the victim and the petitioner is also said to have participated in the crime.

4. The petitioner is in jail since 2.2.2025 and the occurrence took place because of a dispute over the land for cremation. The petitioner also claims to have clean antecedent.

Patna High Court CR. MISC. No.45102 of 2025(2) dt.30-07-2025 2/3

5. Considering the facts of the case and the nature of allegation levelled against the petitioner, this application is allowed.

6. Let the petitioner, above named, 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 the learned Judicial Magistrate, 1st Class, Samastipur/concerned Court below in connection with Shahpur Patori P.S. Case No. 40 of 2025.

7. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Shahpur Patori Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

8. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

9. After being released on bail, the petitioner is directed to cooperate in the trial by appearing personally till the framing of charge and after framing of charge he is directed to

Patna High Court CR. MISC. No.45102 of 2025(2) dt.30-07-2025 3/3 cooperate in the trial either by appearing personally or through his lawyer. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U