Bishnu Mandal @ Bishnu Kumar Mandal, s/o Satish Chandar Mandal v. State of Jharkhand
2025-02-25
PRADEEP KUMAR SRIVASTAVA, SUJIT NARAYAN PRASAD
body2025
DigiLaw.ai
JUDGMENT : 1. The instant appeal filed under Section 21 (4) of the National Investigation Agency Act, 2008 , is directed against the order dated 05.11.2024 passed by the learned Additional Sessions Judge-III, Sahibganj in B.P. No. 285 of 2024, by which the prayer for grant of regular bail of the appellant in connection with Borio (J) P.S. Case No.243 of 2019 corresponding to G.R. Case No.278 of 2019 registered under Section 302/34 of IPC, Section 3/4 of Explosive Substance Act and Section 27 of the Arms Act, has been rejected. 2. It has been contended that the appellant has falsely been implicated in the instant case as also no specific allegation has been levelled against the appellant regarding the firing of gunshot. There is also no allegation of hurling bomb upon the appellant. 3. It has also been contended that there is no direct or any cogent material available against the appellant to connect the appellant in the present case. 4. It has also been contended that several co-accused persons, namely, Vipin Kumar Chourasia; Nitay Mandal @ Nitay Kumar @ Nitay Kumar Mandal, Manoj Mandal @ Manoj Kumar Mandal, Bishnu Mandal @ Bishnu Kumar @ Bishnu Kumar Mandal, Bambam Chourasia @ Piyush Kumar Chourasia @ Bambam Kumar; Bishnu Mandal @ Bishnu Kumar Mandal; Krishna Mandal; Deepak Ravidas @ Deepak Kumar Das; Budha Mandal @ Budhan Mandal @ Budas Mandal @ Kishun Mandal @ Kishun Kumar Mandal; Ajay Mandal @ Fagu Mandal @ Ajay Kumar; Mangan Das @ Mangan Kumar Das; Sita Ram Das; Rajkumar Mandal; Bikash Chourasiya and; Laxman Mandal @ Jai Kumar Mandal have been granted bail vide orders dated 13.11.2019; 25.01.2021; 11.02.2021; 09.06.2021; 23.11.2021; 09.01.2023; 06.07.2023; 09.09.2024; 09.09.2024; 09.09.2024; 16.10.2024 and; 29.10.2024 passed in B.A. No. 7706 of 2019; B.A. No. 11733 of 2020; B.A. No. 850 of 2021; B.A. No. 4038 of 2021; B.A. No. 11576 of 2021; Cr. Appeal (DB) No. 1441 of 2022; Cr. Appeal (DB) No. 902 of 2023; Cr. Appeal (DB) No. 1126 of 2024; Cr. Appeal (DB) No. 1127 of 2024; Cr. Appeal (DB) No. 1128 of 2024; Cr. Appeal (DB) No. 1280 of 2024 and; Cr. Appeal (DB) No. 1368 of 2024 respectively. 5. It has been contended that the appellant in languishing in judicial custody since 09.08.2024. 6.
Appeal (DB) No. 902 of 2023; Cr. Appeal (DB) No. 1126 of 2024; Cr. Appeal (DB) No. 1127 of 2024; Cr. Appeal (DB) No. 1128 of 2024; Cr. Appeal (DB) No. 1280 of 2024 and; Cr. Appeal (DB) No. 1368 of 2024 respectively. 5. It has been contended that the appellant in languishing in judicial custody since 09.08.2024. 6. Learned counsel for the appellant, based upon the aforesaid premise, has submitted that the instant appeal also deserves to be allowed so that the appellant be released on bail. 7. While on the other hand, learned Special Public Prosecutor appearing for the respondent-State has vehemently opposed the prayer for bail so far as the involvement as per the allegation against the appellant is concerned but she is fair enough to admit the fact that several identically placed co-accused persons, namely, Vipin Kumar Chourasia; Nitay Mandal @ Nitay Kumar @ Nitay Kumar Mandal, Manoj Mandal @ Manoj Kumar Mandal, Bishnu Mandal @ Bishnu Kumar @ Bishnu Kumar Mandal, Bambam Chourasia @ Piyush Kumar Chourasia @ Bambam Kumar; Bishnu Mandal @ Bishnu Kumar Mandal; Krishna Mandal; Deepak Ravidas @ Deepak Kumar Das; Budha Mandal @ Budhan Mandal @ Budas Mandal @ Kishun Mandal @ Kishun Kumar Mandal; Ajay Mandal @ Fagu Mandal @ Ajay Kumar; Mangan Das @ Mangan Kumar Das; Sita Ram Das;Rajkumar Mandal; Bikash Chourasiya and; Laxman Mandal @ Jai Kumar Mandal have been directed to be released on bail. Such submission has been made by going through the orders appended as Annexure-2 series. 8.
Such submission has been made by going through the orders appended as Annexure-2 series. 8. This Court has heard the learned counsel for the parties and considering the fact that the appellant is languishing in judicial custody since 09.08.2024 as also taking into consideration that several co-accused person, namely, Vipin Kumar Chourasia; Nitay Mandal @ Nitay Kumar @ Nitay Kumar Mandal, Manoj Mandal @ Manoj Kumar Mandal, Bishnu Mandal @ Bishnu Kumar @ Bishnu Kumar Mandal, Bambam Chourasia @ Piyush Kumar Chourasia @ Bambam Kumar; Bishnu Mandal @ Bishnu Kumar Mandal; Krishna Mandal; Deepak Ravidas @ Deepak Kumar Das; Budha Mandal @ Budhan Mandal @ Budas Mandal @ Kishun Mandal @ Kishun Kumar Mandal; Ajay Mandal @ Fagu Mandal @ Ajay Kumar; Mangan Das @ Mangan Kumar Das; Sita Ram Das; Rajkumar Mandal; Bikash Chourasiya and; Laxman Mandal @ Jai Kumar Mandal have been granted bail vide orders dated 13.11.2019; 25.01.2021; 11.02.2021; 09.06.2021; 23.11.2021; 09.01.2023; 06.07.2023; 09.09.2024; 09.09.2024; 09.09.2024; 16.10.2024 and; 29.10.2024 passed in B.A. No. 7706 of 2019; B.A. No. 11733 of 2020; B.A. No. 850 of 2021; B.A. No. 4038 of 2021; B.A. No. 11576 of 2021; Cr. Appeal (DB) No. 1441 of 2022; Cr. Appeal (DB) No. 902 of 2023; Cr. Appeal (DB) No. 1126 of 2024; Cr. Appeal (DB) No. 1127 of 2024; Cr. Appeal (DB) No. 1128 of 2024; Cr. Appeal (DB) No. 1280 of 2024 and; Cr. Appeal (DB) No. 1368 of 2024 respectively and the same having not been disputed by the learned Special Public Prosecutor, as such, is of the view that there is no reason to take distinct view with respect to the case of the present appellant. 9. Considering the aforesaid fact, this Court is of the view that it is a fit case where the impugned order needs to be interfered with. 10. Accordingly, the order dated 05.11.2024 passed in B.P. No. 285 of 2024 in connection with Borio (J) P.S. Case No.243 of 2019, is hereby quashed and set aside. 11. In view thereof, the instant appeal stands allowed. 12.
10. Accordingly, the order dated 05.11.2024 passed in B.P. No. 285 of 2024 in connection with Borio (J) P.S. Case No.243 of 2019, is hereby quashed and set aside. 11. In view thereof, the instant appeal stands allowed. 12. In consequence thereof, the appellant, above named, 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 the learned C.J.M., Sahibganj in connection with connection with Borio (J) P.S. Case No.243 of 2019 subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to take appropriate course in accordance with law and; further subject to the condition that one of the bailors should be a close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close relative of the appellant. 13. Accordingly, the instant appeal stands disposed of.