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Patna High CourtCR. MISC./35361/2021bail granted

Ramesh Marandi v. The State Of Bihar

2021-12-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35361 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- BELHAR District- Banka ====================================================== RAMESH MARANDI Son of Vishun Marandi @ Vishu Marandi Resident of Village- Kherikhad, Ranga, P.S.- Belhar, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Belhar P.S. Case No. 30 of 2020 for the offence registered under Sections 147, 148, 149, 341, 323, 333, 334, 337, 353, 307 and 407 of the Indian Penal Code and Section 30(a) (g) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 50 litres of illicit liquor from the backyard of the house of the co-accused person namely Binay Lal Murmu. It is further alleged that the accused persons including the petitioner herein had engaged in pelting bricks and stones upon the police. The police had made recovery of illicit liquor from the co-villagers. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.35361 of 2021(2) dt.13-12-2021 2/2 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 05.03.2020.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Belhar P.S. Case No. 30 of 2020 (Special Excise Case No. 45 of 2020).

(Mohit Kumar Shah, J) S.Sb/- U T