Hem Marandi @ Hamlal Kishku @ Hemlal Marandi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5386 of 2023 Arising Out of PS. Case No.-236 Year-2021 Thana- BHAWANIPUR District- Purnia ====================================================== Hem Marandi @ Hamlal Kishku @ Hemlal Marandi Son Of Late Ramesh Kishku @ Ramsahi Kushku R/V- Bhelwa, P.S- Bhawanipur Dist-Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Thakur For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 302 and 120B of the Indian Penal Code. Co-accused, Jaitha Marandi and Munshi Marandi are said to have killed the brother of the informant by means of bow and arrow. The petitioner is also present at the place of occurrence with the accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that specific allegtation is against Jaitha Marandi and Munshi Marandi who killed the brother of the informant by means of bow and arrow .
Patna High Court CR. MISC. No.5386 of 2023(2) dt.07-04-2023 2/2 He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 03.08.2022 passed in Cr. Misc. No. 12265 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhawanipur P.S. Case No. 236 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T