Bishu @ Vishwjeet Marandi @ Bishu Marandi @ Vishwajeet v. The State of Jharkhand

:HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Appellants For the Respondent : Mr. Saket Kumar, APP : Mr. Ajit Kumar, Advocate Order No. 04 : Dated 9th August, 2023 -------- The instant appeal has been filed under Section 21(4) of the National Investigating Agency Act, 2008 is directed the order dated 15.04.2023 passed in M.C.A. No. 479 of 2023 by learned Additional Sessions Judge-I, Giridih in connection with Sessions Trial No. 184 of 2023 in connection with Pirtand P.S. Case No. 51 of 2008 registered under Sections 147, 148, 149, 341, 342, 302 and 120(B) of the Indian Penal Code; 27 of the Arms Act, 17/18 CLA Act and 13 of UAP Act, whereby and whereunder the prayer for regular bail of the appellant has been rejected.

Learned counsel for the appellant has submitted that accused person on whose confession the name of the appellant has come in this case has been directed to be released on bail vide order dated 03.01.2018 passed in B.A. No. 7953 of 2017, copy of which has been placed before this Court as also has been served upon learned A.P.P for the State. - 2 -

Learned A.P.P appearing for the State, after going through the said order has submitted by corroborating the same to the F.I.R and the impugned order wherein it has come that the name of the appellant has come on the confessional statement of Yadunandan Pandit, petitioner in B.A. No. 7953 of 2017 has been granted bail vide order dated 03.01.2018. It has also been contended that one identically placed accused person, Govind Manjhi @ Binod Manjhi @ Kaushal @ Govind @ Babuchand Hembrom, who is also not named in F.I.R. but has been granted regular bail vide order dated 21.06.2019 in B.A. No. 2669 of 2019.

This Court, taking into consideration the fact that person on whose confession the name of the appellant has come has been granted bail vide order dated 03.01.2018 B.A. No. 7953 of 2017 and further identically placed accused, Govind Manjhi @ Binod Manjhi @ Kaushal @ Govind @ Babuchand Hembrom, who is also not named in F.I.R. has been granted regular bail vide order dated

21.06.2019 in B.A. No. 2669 of 2019, is of the view that there is no reason to take a different view.

Accordingly, the order dated 15.04.2023 passed in MCA No. 479 of 2023 is hereby quashed and set aside. In view thereof, the instant appeal stands

allowed. - 3 -

In consequence thereof, the appellant, above 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 District & Sessions Judge-2, Giridih, in connection with S.T. Case No. 184 of 2023, subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the Trial Court, failing which the learned Trial Court will be at liberty to cancel the bail bond.