Chanda Malik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85497 of 2025 Arising Out of PS. Case No.-335 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Chanda Malik S/O Late Jangali Malik R/O VillageNaurangabag(Naurangabagh) (Dom Toli), PS- Bettiah Town, Distt-West Champaran.

2.

Vikash Malik @ Vikash Kumar S/O Dilip Malik R/O VillageNaurangabag(Naurangabagh) (Dom Toli), PS- Bettiah Town, Distt-West Champaran.

3.

Deepu Malik @ Deepu Kumar S/O Chanda Malik R/O VillageNaurangabag(Naurangabagh) (Dom Toli), PS- Bettiah Town, Distt-West Champaran.

4.

Vishal Malik S/O Dilip Malik R/O Village- Naurangabag(Naurangabagh) (Dom Toli), PS- Bettiah Town, Distt-West Champaran. 5.

Anil Malik S/O Late Mohan Malik R/O VillageNaurangabag(Naurangabagh) (Dom Toli), PS- Bettiah Town, Distt-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. At the outset, learned Advocate for the petitioners, on confrontation being made by the State, has submitted that taking note of the criminal antecedent of the petitioners no.1 and

2/4 3, he seeks permission to withdraw the application on their behalf.

3. Permission is accorded.

4. The petitioners no.2, 4 and 5 apprehend their arrest in connection with Bettiah Town P.S. Case No.335 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.

5. Allegation against the petitioners is of causing assault to the informant by means of fist, slap, iron rod, knife and bamboo leading to serious injuries.

6. Learned Advocate for the petitioners contended that the genesis of the occurrence is a trifle resulting into some scuffle between the parties and unfortunate injuries to the persons of the informant's side; however, the injuries which are allegedly sustained to the informant are found to be simple in nature. To support the aforesaid contention, the copy of the injury report has been placed on record as Annexure-P/2 to the bail application. The petitioners no.2, 4 and 5 are carrying two criminal antecedent respectively; however, they undertake that they will fully cooperate in the proceeding of the Court and would not indulge in such activities in future.

7. On the other hand, learned Advocate for the State

3/4 vehemently opposed the bail application and submitted that besides the fact that the petitioners are carrying criminal antecedent, they have brutally assaulted the informant and there is corresponding injuries over the body of the informant.

8. Having considered the submissions advanced by the learned Advocate for the respective parties and considering the nature of accusation qua the simple injury, besides the undertaking of the petitioners as well as the genesis of the occurrence, let the above named petitioners no.2, 4 and 5, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.335 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further following conditions:- (i) One of the bailors shall be the own/close family members of the petitioners.

(ii) If the petitioners are found involve in intimidating/ threatening the witnesses or the informant or would indulge in such activities in future, the informant/State shall be at liberty to

4/4 file appropriate application for cancellation of their bail bond(s). (Harish Kumar, J) rohit/- U T