Surendar Kumar Mallick @ Bulla Mallick @ Balla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1823 of 2021 Arising Out of PS. Case No.-468 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== SURENDAR KUMAR MALLICK @ BULLA MALLICK @ BALLA S/o Raghunath Mallick R/o Mohalla- Rahamganj, P.S.- Laheriasarai, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 12.09.2020 in connection with Bahadurpur P.S. Case No. 468 of 2018 registered for the offences punishable under Sections 149/342/323/324/504/307/34 of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused Krishna took the informant on motorcycle at a lonely place and in the way, a white coloured Scarpio came from which co-accused Guddu came out and gave knife blow on left shoulder of the informant and co-accused Rana stabbed with him with dagger on the right hand who fell unconscious thereafter all of them fled away. It is further alleged that when

Patna High Court CR. MISC. No.1823 of 2021(2) dt.04-03-2021 2/3 the informant gained conscious, somehow, he informed his family and was taken to the hospital for treatment. It is submitted on behalf of the petitioner that the only allegation against this petitioner is that, the petitioner along with co-accused Krishna took the informant to Raghepura and the specific allegation of stabbing is against co-accused Guddu and Rana. It is further submitted that he is only alleged to have associated the co-accused persons in the brutal assault of the informant. It is further submitted that co-accused Guddu who is alleged to have given dagger blow has already been granted bail by the court below and similarly situated Krishna has also been granted bail by the Court below itself. Chargesheet has already been submitted in this case. Petitioner is in custody since 12.09.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga, in connection with Bahadurpur P.S. Case No. 468/2018, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.1823 of 2021(2) dt.04-03-2021 3/3 properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T