Baldeo Manjhi @ Parwej v. The State of Jharkhand

:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SUBHASH CHAND ------ For the Appellants For the Respondent : Ms. Lily Sahay, APP : Mr. Santosh Kumar, Advocate Order No. 04 : Dated 30th June, 2023 -------- The instant appeal has been filed under Section 21(4) of the National Investigating Agency Act, 2008 for setting aside the order dated 22nd March, 2023 passed in B.P. No. 45 of 2023 by learned Additional Sessions Judge-I, Bermo at Tenughat in connection with Gomia P.S. Case No. 47 of 2014, corresponding to G.R. No. 425 of 2014 registered under Sections 147, 148, 149, 326, 353 and 307 of the Indian Penal Code; 3/4/5 of the Explosive Substances Act; 27 of the Arms act, 17 CLA Act and 10/13 of the U.A.P. Act, whereby and whereunder the prayer for regular bail of the appellant has been rejected.

Learned counsel for the appellant has submitted that there is false implication of the appellant in the instant case and other co-accused persons, against whom similar allegation is there, have been directed to be released on bail by the Co-ordinate Bench of this Court in B.A. No. 2076 of 2018 dated 29.06.2018; B.A. No. 9117 of 2017 dated

02.02.2018 and B.A. No. 4466 of 2020 dated 07.08.2020. - 2 - According to the appellant, the case of the appellant is identical to that of the appellant of B.A. No. 2076 of 2018; B.A. No. 9117 of 2017 and B.A. No. 4466 of 2020 and it is a fit case, where the appellant may be directed to be released on bail by showing interference by this Court in order dated 22nd March, 2023 passed in B.P. No. 45 of 2023.

While on the other hand, Ms. Lily Sahay, learned A.P.P appearing for the State has although not disputed the order of bail granted in favour of other co-accused persons in B.A. No. 2076 of 2018; B.A. No. 9117 of 2017 and B.A. No. 4466 of 2020 but she on the strength of averments made in the counter affidavit has submitted that there are criminal antecedent against the appellant.

This Court, has heard learned counsel for the parties and on perusal of finding recorded by learned Court below and considering the fact that co-accused persons have been granted bail by this Court in B.A. No. 2076 of 2018; B.A. No. 9117 of 2017 and B.A. No. 4466 of 2020, is of the view that order impugned requires interference.

Accordingly, order dated 22nd March, 2023 passed in B.P. No. 45 of 2023 by learned Additional Sessions Judge-I, Bermo at Tenughat is hereby quashed and set aside. - 3 - In view thereof, the instant appeal stands In consequence thereof, the appellant, above

allowed.

named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- [Ten Thousand] with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bermo at Tenughat in connection with Gomia P.S. Case No. 47 of 2014, corresponding to G.R. No. 425 of