Sanjay Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72390 of 2024 Arising Out of PS. Case No.-129 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Sanjay Hansda, aged about 35 years (Male), S/o Puran Hansda, R/o vill - Hasikol, P.S. - Chakai, Distt. - Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Khaira P.S. Case No. 129 of 2017 dated 13.05.2017 registered for the offences punishable under Sections 147, 148, 149, 307, 353, 414, 120B, 121(A) of the I.P.C., Sections 25(1-B)a, 26, 27, 35 of the Arms Act, Sections 3⁄4 of the Explosive Substance Act and Sections 16,17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

3. As per the prosecution case, the petitioner was apprehended and on search, country made Hand Grenade two pieces, 03 kgs., I.C.D. in Steel Cane, Ignator Set two pieces, Electric Detonator two pieces, six live cartridges with charger, Pithu Bag eight pieces and other articles were recovered.

Patna High Court CR. MISC. No.72390 of 2024(3) dt.03-03-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of the suspicion. It is submitted that not a single witness has seen or identify the petitioner in the forest. No incriminating article has been recovered from his possession. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Rakesh Marandi, has already been granted bail by the Bench of this Court vide Cr. Misc. No. 27040 of 2019 under order dated 24.04.2019, annexed as Annexure-P/2 to the present bail application. The petitioner has three criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 07.03.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 Additional District and Sessions Judge-IInd Jamui in Sessions Trial No. 501 of 2022, arising out of Khaira P.S. Case No. 129 of 2017

Patna High Court CR. MISC. No.72390 of 2024(3) dt.03-03-2025 3/3 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T