Patna High CourtCR. MISC./51236/2022allowed

Chhotelal Marandi @ Khublal Marandi v. The State Of Bihar

2023-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51236 of 2022 Arising Out of PS. Case No.-77 Year-2007 Thana- CHANDRAMANDI District- Jamui ====================================================== Chhotelal Marandi @ Khublal Marandi S/O Late Baraku Marandi R/O Village- Bendra, P.S.- Chandra Mandi, Distt- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A Act. The prosecution case as per F.I.R is that some unknown accused persons shot dead the son and nephew of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and only on the basis of suspicion, the

Patna High Court CR. MISC. No.51236 of 2022(3) dt.07-02-2023 2/2 petitioner has been roped in the present case. The petitioner has not been put on T.I.P till date. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 13875 of 2020. The petitioner is languishing in custody since 27.06.2021. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Special Judge, Excise-II, Jamui in connection with Chandramandi P.S. Case No. 77 of 2007 (Sessions Trial No. 281/2021).

(Sunil Kumar Panwar, J) Shageer/- U T