Sonam Marandi @ Talo Dee @ Budhnee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70200 of 2024 Arising Out of PS. Case No.-115 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Sonam Marandi @ Talo Dee @ Budhnee D/O Khanro Marandi, Wife of Rakesh Hembram Resident of Village - Gordhoba, P.S.- Chanan, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 115 of 2019 instituted for the offence under Sections 147, 148, 149, 307, 353, 120(B) of the Indian Penal Code and Sections 25(1-B), 26, 27 & 35 of the Arms Act and Sections 16, 18 & 20 of U.A.P. Act.

3.

Prosecution case in short is that on receiving secret information about gathering of miscreants near 'Bhim Bandh' in the forest for the purpose of committing the heinous offence, the police force arrived there where firing started from both sides. When the firing was stopped then the force recovered huge arms and ammunitions and huge blood was found at the place of

Patna High Court CR. MISC. No.70200 of 2024(2) dt.27-09-2024 2/3 occurrence. While several extremist succeeded to flee away but one Manish Kumar was apprehended at the spot. On query, Manish Kumar disclosed the names of 74 persons including the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-06-2024. Petitioner bears nine criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet has been submitted in this case. The name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Manish Kumar. The petitioner was not arrested on the spot. No incriminating material has been recovered from the conscious possession of the petitioner. Other co-accused has been granted bail by this Court vide order dated 23-02-2024, passed in Cr. Misc. No. 11349 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined

Patna High Court CR. MISC. No.70200 of 2024(2) dt.27-09-2024 3/3 to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Piri Bazar P.S. Case No. 115 of 2019.

(Rudra Prakash Mishra, J) Raj Kishore/- U T