Lalan Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64079 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- FALKA District- Katihar ====================================================== LALAN MALIK SON OF CHHOTELAL MALIK R/O-MORSANDA, P.S. FALKA, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have abused and assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.64079 of 2024(2) dt.01-10-2024 2/3 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. From bare perusal of the FIR, it appears that though the petitioner is named in the present case, but there is no specific allegation against him to assault the injured persons. There is specific overt act against co-accused Subhash Malik to assault the informant on his head by means of iron rod. It is further submitted that the injuries sustained by the injured were found simple in nature, which is also mentioned in the impugned order. He further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injury sustained by the injured i.e. simple, the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Falka P.S. Case

Patna High Court CR. MISC. No.64079 of 2024(2) dt.01-10-2024 3/3 No. 270 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T