Chhotu Kumar Mallik @ Chhotu Mallik v. The State of Bihar
CR. MISC./45634/2025 · 2025-07-28
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57046 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57046 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45634 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KHANPURA District- Samastipur ======================================================
1. Chhotu Kumar Mallik @ Chhotu Mallik S/o Late Bahadur Mallik R/o vill - Sadipur, P.S. - Khanpur, Distt.- Samastipur, Bihar
2. Rahul Mallik @ Rahul Kumar S/o Dinesh Mallik R/o ward no. 5, Bambaia Harlal, P.S.- Khanpur, Distt.- Samastipur, Bihar
3. Saheb Mallik @ Sahiba Mallik S/o Dinesh Mallik R/o ward no. 5, Bamaia Harlal, P.S.- Khanpur, Distt.- Samastipur, Bihar
4. Sunil Mallik S/o Ganesh Mallik R/o ward no. 2, Kodaria, P.s. - Khanpur, Distt.- Samastipur, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Aditi Medha, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 28-07-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(ii), 115(ii), 118(1), 117(ii), 352, 351(i), 3(v) of the Bharatiya Nyaya Sanhita. 3. Informant, namely, Janki Devi alleged that on 22.11.2024 all the F.I.R. named accused persons, including these petitioners, entered the house of informant and assaulted her and her family members. 4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.45634 of 2025(2) dt.28-07-2025 2/2 both parties are co-villagers and due to petty dispute this false and concocted case has been lodged against petitioners. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. There is no injury report on record to substantiate the allegations levelled against petitioners. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with Khanpur P. S. Case No. 278 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Navya/- (Prabhat Kumar Singh, J) U T