Bishwanath Marandi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39159 of 2025 Arising Out of PS. Case No.-105 Year-2024 Thana- FALKA District- Katihar ====================================================== Bishwanath Marandi Son of Ram Marandai Resident of Village- Sikrol, P.S. Falka, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mrs. Sharda Kumari. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Falka P.S. Case No. 105/2024 dated 19.05.2024 registered for the offence punishable u/s 363, 364, 365 and 506 of the Indian Penal Code, Section 3(2)(v) of the SC/ST Act and later on Section 302 of the I.P.C. was added.
3. As per the prosecution case, on 18.05.2024 at about 3 P.M. in the afternoon the husband of the informant had gone out of his house but did not return till night. In course of search, the informant came to know that her husband had a quarrel with one Md. Munna. It is further stated that her husband had a
Patna High Court CR. MISC. No.39159 of 2025(2) dt.09-07-2025 2/3 dispute with Md. Munna who might have abducted her husband due to previous dispute.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Premlal Marandi. During the course of investigation the police apprehended Premlal Marandi and Mahendra Marandi, who are the Nephew and son of Talamai Devi and she was having illicit relationship with the husband of the informant. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 18.04.2025 passed in Cr. Misc. No. 4897/2025.
Learned counsel has submitted that the co-accused, Mahendra Marandi and Premlal Marandi have admitted in their confessional statement that Manoj Marandi caught leg of the deceased Sajan Chaudhary, the elder son of Sanju Soren caught hand and Mahendra Marandi along with Santal Marandi throttled Sajan Chaudhary. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2025.
Patna High Court CR. MISC. No.39159 of 2025(2) dt.09-07-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the postmortem report, the cause of death is asphyxia as a result of throttling which corroborate with the confessional statement of the co-accused persons.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Falka P.S. Case No. 105/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T