Jharkhand High Court
Bijay Marandi @ Arjun Hansda @ Maryanus vs The State Of Jharkhand ... Opposite ... on 29 November, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.12234 of 2021
---------
Bijay Marandi @ Arjun Hansda @ Maryanus ... Petitioner
-Versus-
The State of Jharkhand ... Opposite Party
---------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
---------
For the Petitioner : Mr. Santosh Kumar, Advocate
For the State : Mr. Vijay Kumar Sinha, A.P.P.
---------
Order No.03 Dated 29th November, 2021
Defect no.9 (ii), as pointed out by the office, is ignored. So far as the rest defect is concerned, learned counsel for the petitioner undertakes to remove the rest defect, in course of the day.
Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with S.T No.17 of 2019 arising out of Gomia P.S. Case No.11 of 2004, corresponding to G.R No.152 of 2004, registered for the offence under Sections 147, 148, 149, 427/379 of the Indian Penal Code and Section ¾ of the Explosive Substances Act and also Section 17 of the Criminal Law Amendment Act.
It is submitted that the petitioner is innocent. It is submitted that the petitioner is not named in the FIR. It is submitted that other co-accused person namely, Santosh Patwa has also been granted bail by the Co-ordinate Bench of this Court in B.A No.3150 of 2019 vide order dated 06.09.2019. It is further submitted that other co- accused person namely, Chaman Thakur has also been granted bail by the Co- ordinate Bench of this Court in B.A No.2319 of 2017 vide order dated 13.04.2017. It is submitted that the petitioner is in custody since 14.02.2018 and hence, he may be enlarged on bail.
On the other hand, learned A.P.P has opposed the prayer for bail and has submitted that the petitioner has confessed his guilt and has got several criminal antecedents and hene his bail is fit to be rejected.
Perused the F.I.R and the impugned order passed by the learned Court below and also orders passed by the Co-ordinate Bench of this Court.
It appears that the petitioner is not named in the FIR. It also appears that other co-accused person namely, Santosh Patwa has also been granted bail by the Co- ordinate Bench of this Court in B.A No.3150 of 2019 vide order dated 06.09.2019. It also appears that other co-accused person namely, Chaman Thakur has also been granted bail by the Co-ordinate Bench of this Court in B.A No.2319 of 2017 vide order dated 13.04.2017.
Considering the period of custody of the petitioner and also considering the grant of bail to the other accused persons by the Co-ordinate Bench of this Court, the petitioner, Bijay Marandi @ Arjun Hansda @ Maryanus, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III, Bermo at Tenughat in connection with S.T No.17 of 2019 arising out of Gomia P.S. Case No.11 of 2004, corresponding to G.R No.152 of 2004, subject to the condition that one of the bailors must be close/own relative of the petitioner and having landed property in his/her name and the petitioner will co-operate during the trial and shall remain present on each and every date till the conclusion of the trial except for unforeseen circumstances.
The petitioner is directed not to leave the District without prior permission of the Court as well as the police officials.
(Sanjay Prasad, J.) Raja/-