Patna High CourtCR. MISC./81320/2023bail rejected

Gajadhar Mallik @ Chakradhar Mallik @ Chakdhar v. The State Of Bihar

2024-03-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81320 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- ALOULI District- Khagaria ====================================================== GAJADHAR MALLIK @ CHAKRADHAR MALLIK @ CHAKDHAR Son of Late Dahar Mallik Resident of village - Alouli, P.S.- Alouli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 319 of 2022 arising out of Alouli P.S. Case No. 112 of 2022 registered on 19.03.2022 lodged under Sections 341, 323, 504, 506, 307, 302, 324/34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against petitioner and four others including the petitioner against whom there is an allegation that he had given knife blow to the informant's mother due to which she died.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 21.03.2022 having no criminal case pending

Patna High Court CR. MISC. No.81320 of 2023(4) dt.19-03-2024 2/2 against him. Charges has already been framed in this case. He further submits that other accused persons have been granted bail by coordinate Benches of this Court vide Annexure-3 series.

5. Learned counsel for the State opposes the prayer for bail and submits that the case of the petitioner is different from other accused persons and specific allegation is upon the petitioner that he has stabbed knife on the informant's mother due to which she died.

6. In the present facts and circumstances of this case, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, bail application of the petitioner is hereby rejected. The Trial Court is directed to conclude the trial within nine months.

(Dr. Anshuman, J) Sunnykr/- U