Manoj Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16061 of 2020 Arising Out of PS. Case No.-303 Year-2019 Thana- JHAJHA District- Jamui ====================================================== MANOJ MARANDI Son of Dhecha Marandi Resident of Village - Dario, P.S.- Jhajha, District - Jamui.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Prakash Mahto, Advocate.

For the State :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Jhajha P.S. Case No.303 of 2019 registered under Sections 399, 402, 419, 420 and 414 of the Indian Penal Code besides Sections 25(1-b) a, 26 and 35 of the Arms Act.

The accusation is that in course of patrolling duty, the informant along with other police personnel, on receiving the information about gathering of 5-6 miscreants at Jakhraj, reached there and saw 6 persons present inside the road with two motorcycles. On seeing the vehicle of the police, they started to flee away but, on chase, two persons were apprehended, who disclosed their name as Akash Kumar Pandey alias Banty Pandey alias Baba and Manoj Marandi (petitioner). On search, Akash Kumar Pandey

Patna High Court CR. MISC. No.16061 of 2020(2) dt.05-06-2020 2/2 alias Banty Pandey was found in possession of one country made pistol and three live cartridges, whereas Manoj Marandi (petitioner) was found in possessions of one live cartridge. They also disclosed the name of Bhim Yadav, Chandan Kumar, Subham Barnwal and Pawan Yadav, who succeeded to flee away.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner has falsely been implicated in this case showing the recovery of one live cartridge from his possession as the petitioner is accused in Jhajha P.S. Case No.218 of 2019 registered under Section 394 of the Indian Penal Code, as detailed in paragraph-3 to this application. In the present case, the petitioner is in custody since 15.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No.303 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T