Ganesh Mahto vs The State Of Jharkhand
2023 Latest Caselaw 2114 Jhar

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   IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr.A. (DB) No. 468 of 2023

1.Ganesh Mahto
2.Gobardhan Mahto
3.Chandrika Mahto                          ...       Appellants
                               Versus
The State of Jharkhand                  ..... ...    ... Respondent
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
         HON'BLE MR. JUSTICE SUBHASH CHAND
                         -------

For the Appellants : Mr. Jyoti Prasad Sinha, Advocate For the State : Mr. Anuradha Sahay, APP

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th Order No. 04/Dated 19 May, 2023 Sujit Narayan Prasad,J:

The instant appeal has been filed under Section

21(4) of the National Investigation Agency Act against the

order dated 23.02.2023 passed in B.P. No. 107 of 2023 by

learned Additional Sessions Judge-I, Hazaribag whereby

and whereunder the prayer for regular bail of the

appellants have been refused in connection with

Bishnugarh P.S. Case No. 80 of 2011 corresponding to G.R.

Case No. 1951/11 for the offence registered under Sections

4/5 of the Explosive Substance Act; under Section 25(1-

b)a/26/35 of the Arms Act and under Section 17 of the

C.L.A. Act and under Section 10/13 of the Unlawful

Activities (Prevention) Act, 1967 pending in the Court of

learned S.D.J.M., Hazaribag.

Learned counsel for the appellants has submitted

that the appellants have been implicated in this case on the

basis of reference of his name made in the diary alleged to

have been recovered from the pocket of the accused person.

It has been submitted that save and except aforesaid

nothing has come against the appellants.

Further submission has been made that one of the

co-accused, namely, Ramji Manjhi, whose case is on

identical footing, has been directed to be released on bail by

this Court vide order dated 10.08.2015 in B.A. No. 4875 of

2015. It has further been submitted that subsequently, the

co-accused persons, namely, Ramji Manjhi, Nageshwar

Mandal, Pravil Manjhi and Naveen Manjhi have been

acquitted of the criminal charges vide judgment dated

11.06.2018 by learned Additional Sessions Judge-XII,

Hazaribagh in S.T. Case No. 187 of 2013.

In the backdrop of aforesaid facts, learned counsel

for the appellants has submitted that it is a fit case where

order of rejection of bail is required to be set aside and the

appellants may be released on bail.

Learned A.P.P. appearing for the respondents-State

has submitted that the name of the appellants have come

in the F.I.R on the basis of reference their name in the diary

of co-accused person. However, learned A.P.P. is fair

enough to submit that co-accused person namely, Ramji

Manjhi, has been released on bail by this Court vide order

dated 10.08.2015 in B.A. No. 4875 of 2015.

This Court, considering the fact that nothing has

been recovered from the possession of the appellants, save

and except the fact that the entry of their name have been

made in the diary of one of the co-accused and

furthermore, similarly situated co-accused person have

been granted bail by this Court and some of the co-accused

have been acquitted from the liability of their bail bonds, is

of the view that it is a fit case to quash the order of

rejection of bail passed by learned Additional Sessions

Judge-I, Hazaribag.

Accordingly, the appellants named above, are

directed to be released on bail on furnishing bail bond of

Rs.10,000/- (Rupees Ten Thousand only) with two sureties

of the like amount each to the satisfaction of learned

S.D.J.M., Hazaribag in connection with Bishnugarh P.S.

Case No. 80 of 2011 corresponding to G.R. Case No.

1951/11.

The instant criminal appeal stands allowed and

disposed of.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.)

Alankar/-