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Patna High CourtCR. MISC./36576/2021bail granted

Arjun Hembram v. The State Of Bihar

2021-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36576 of 2021 Arising Out of PS. Case No.-59 Year-2018 Thana- CHANDRAMANDI District- Jamui ====================================================== ARJUN HEMBRAM S/o Bitku Hembram R/o Village- Uparsapaha, P.O.- Vishodh, P.S.- Chandramandih, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B, 427 and 34 of the Indian Penal Code and sections 16, 17, 18, 19, 20, 21 and 22 of the Unlawful Activities Prevention Act. As per the prosecution case, on a dead body having been found, it is stated by the informant that he is fully convinced that the 45 named accused persons including the petitioner herein who are naxalites have a hand in the occurrence.

It is submitted by learned counsel for the petitioner that except for an unsubstantiated suspicion raised against the 45 accused persons including the petitioner herein, there is no other material against him to connect him with the alleged

Patna High Court CR. MISC. No.36576 of 2021(2) dt.23-12-2021 2/2 crime. He is in custody since 23.11.2019 and there is no chance of the trial concluding in the near future.

It is submitted by learned counsel for the petitioner that as per oral instructions received, an error has occurred in paragraph no.3 of the petition wherein one of the antecedents of the petitioner has not been mentioned.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, together with the petitioner having remained in custody for over 2 years, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.136 of 2021 (arising out of Jamui (Chandramandhi) P.S. Case no. 59 of 2018, G.R. no. 2451 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Jamui. (Partha Sarthy, J) Prakash/- U