Dabang Mallik @ Boder Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68780 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Dabang Mallik @ Boder Malik, Son of Late Ram Briksha Mallik, Resident of Village- Patahi Madhuvani, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandeep Shahi, Adv.

Mr. Alok Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar-1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with KMP (Kazimohammadpur) P.S. Case No. 379 of 2018 registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code. Informant is father of the deceased who has stated in his written complaint that his son, Pankaj Kumar, was an employee of Bhawani hospital for the last six months and had gone to work on 28.08.2018 along with his cousin brother Ajit Kumar but in the evening it was informed that his son, Pankaj Kumar, is missing and on 30.08.2018 his dead body was recovered from the premises of the hospital and on the basis of

Patna High Court Cr.Misc. No.68780 of 2018(2) dt.03-12-2018 2/2 suspicion he has named four persons as the accused including the petitioner.

One of the employees Pankaj Kumar of the hospital confessed his involvement in crime and has named three more accused and their complicity. However, in such confession, name of the petitioner is not there. He has no criminal antecedent and he is in custody since 02.09.2018. It has been further submitted that similarly placed co-accused has been granted bail by this Court in Cr. Misc. No. 68336 of 2018 vide order dated 30.11.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with KMP (Kazimohammadpur) P.S. Case No. 379 of 2018.

(S. Kumar, J) Rajiv/ManojU T