Mohan Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4482 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- ADAPUR District- East Champaran ====================================================== MOHAN MALI SON OF ASHARFI MALI RESIDENT OF VILLAGEKALWARI MAJHARIYA, POLICE STATION-ADAPUR, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Adapur P.S. Case no. 193 of 2020 registered under sections 302 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that as a result of assault by lathi by Lalan Mali and Mohan Mali, as also by the other accused persons, the father of the petitioner died.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. The manner of occurrence leading to death of the father of the

Patna High Court CR. MISC. No.4482 of 2021(3) dt.28-06-2021 2/2 informant is otherwise than what has been narrated in the FIR. The petitioner is in custody since 22.6.2020 and co-accused Lalan Mali has been enlarged on bail vide order dated 23.6.2021 passed in Cr. Misc. no. 7041/2021.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for over 1 year and grant of bail to co-accused Lalan Mali, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Adapur P.S. Case no. 193 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Raxaul at Motihari.

(Partha Sarthy, J) Spd/- U T