Patna High CourtCR. MISC./25725/2018bail granted

Akshay Kumar Mallik v. The State Of Bihar

2018-04-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25725 of 2018 Arising Out of P.S. Case No. -254 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Akshay Kumar Mallik, S/o- Suresh Mallik. Resident of Village- Araria Bus Stand Raniganj Road, P.S. and District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 457, 380 of the Indian Penal Code.

The F.I.R is against unknown. The petitioner is in custody since 18.11.2017.

Submission is that the only material against the petitioner is confessional statement of co-accused. The petitioner was never put on Test Identification Parade nor anything was recovered from his possession. Investigation of the case is already complete.

The statement of the petitioner in paragraph 3 of the bail petition would reveal that the petitioner has got identical

Patna High Court Cr.Misc. No.25725 of 2018 (2) dt.30-04-2018 2/2 criminal antecedent.

Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charge or on completion of two months of custody from the date of receipt of a copy of this order on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Araria P.S. Case No. 254 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./Sanjeev U T