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Patna High CourtCR. MISC./54314/2024bail granted

Chandan Marandi v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54314 of 2024 Arising Out of PS. Case No.-1101 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Chandan Marandi, aged about 27 years, Gender-Male, Son of Baiju Marandi @ Baijun Marandi, Resident of Washanpur Koda, P.S- Koda, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with K. Hat (Madhubani T.O.P) P.S Case No.1101 of 2023 registered for the offence under Sections 399, 402, 379, 411, 413, 467, 468, 471 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of one mobile phone, arms and ammunition from the possession of the petitioner and co-accused.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner had gone to purchase the Chicken from Poultry Farm of co-accused Karan

Patna High Court CR. MISC. No.54314 of 2024(2) dt.02-08-2024 2/2 and petitioner has no concern at all with other co-accused persons. He next submits that no recovery of alleged fire arm and ammunition from the possession of the petitioner. Petitioner is in custody since 29.09.2023.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances and submissions made on behalf of the petitioner that similarly situated co-accused persons namely Mukesh Kumar, Aulla Balram @ Ballu, Mahesh Das and Umesh Pradhan have been granted bail by this Court and co-ordinate Benches of this Court in Cr. Misc. Nos. 14924 of 2024, 13436 of 2024 and 37988 of 2024 vide orders dated 11.03.2024, 12.03.2024 and 22.05.2024, respectively, let the petitioner, above named, is directed to be released on bail in connection with K. Hat (Madhubani T.O.P) P.S. Case No. 1101 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Purnea.

(Ramesh Chand Malviya, J) Anand Kr.

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