Sonam Marandi @ Talo Dee @ Budhni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21905 of 2025 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Rinki Kumari @ Parwati Kumari @ Rinki Koda D/o- Budhu Koda VillageKashi Tola Ps- Kajra Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37905 of 2025 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Sonam Marandi @ Talo Dee @ Budhni S/O Rakesh Hembram Resident of Village- Gordhoba, P.S- Chanan, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 21905 of 2025) For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 37905 of 2025) For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 27-06-2025 Heard learned Counsel for the petitioners and learned A.P.P for the State.
2. The petitioners seek regular bail in connection with Kajra P.S. Case No. 61 of 2018 for the offence punishable under Sections 147, 148, 149, 353 and 307 of the I.P.C. and Section 27 of the Arms Act and u/s 16,17,18,20 and 23 of the U.A.P. Act.
3. As per the prosecution case, on a tip off, the informant along with other police personnel proceeded to the
2/4 place of occurrence where miscreants in huge number had assembled and started indiscriminate firing upon the police party. The police party is said to have retaliated, however, the miscreants taking benefit of the dense forest fled away. A huge quantity of arms and ammunition as well as different articles were recovered from the place of occurrence.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case as they were not apprehended at the spot. It is further submitted that there is no specific allegation attributed against the petitioners. Learned counsel for the petitioners has next submitted that similarly situated co-accused person has been enlarged on bail vide order dated 12.05.2025 passed in Cr. Misc. No. 7890 of 2025. It is lastly submitted that the petitioner Rinki Kumari has two antecedents and is in custody since 19.06.2024 and petitioner Sonam Marandi has antecedents of seven cases and is in custody since 05.08.2024.
5. Learned APP for the State vehemently opposed the prayer for bail and has stated that the petitioners are members of Naxalite Organization and hence may not be released on bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the other named
3/4 accused persons have already been granted bail in the present case and also the period of custody, let the petitioners abovenamed, be enlarged on bail on each of them furnishing bailbonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending /concerned court, in connection with Kajra P.S. Case No. 61 of 2018 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure and the conditions that (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-
4/4 mentioned order shall not be delayed for purpose of or in the name of verification.
(v) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Muzaffarpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Prakash/- U