IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No.308 of 2025 ----- Parmanand Yadav @ Parmanand Kumar Yadav, aged about 28 years, S/o Nageshwar Yadav, R/o Chhatabad Kailudih, PO+ PS-Katras, District-Dhanbad ....... … Appellant Versus The State of Jharkhand … … Respondent ------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ------- For the Appellant : Mr. Deepak Sahu, Advocate For the Respondent : Mr. Shiv Shankar Kumar, APP ------ Order No.2/Dated: 21st March 2025 1. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 12.02.2025 passed by the learned Addl. Sessions Judge-VI, Dhanbad in A.B.P. No. 316 of 2025 whereby and whereunder the prayer for pre-arrest bail of the appellant in connection with Katras P.S Case No.236 of 2023 registered for the offence under Sections 147, 148, 149, 323, 324, 326, 307, 353, 337, 338, 427, 436 of the IPC , Sections 25(1-B)(a), 26, 35 of the Arms Act and section 3/4 of the Explosive Substance Act has been rejected. 2. Learned counsel appearing for the appellant has submitted that it is a case where the appellant has falsely been implicated. 3. The submission has also been made that no case has been made out against the appellant because nothing incriminating has been recovered and seized from his conscious possession. It has further been submitted that neither the appellant has been arrested on the spot nor he has any criminal antecedent. It has been contended that 2 there are general and omnibus allegation levelled against the appellant. 4. It has further been contended that the co-accused persons, namely, Anand Kumar Yadav has been granted privilege of pre-arrest bail in Criminal Appeal (DB) No.1337 of 2024 vide order dated 29.10.2024, Kartik Kumar @ Kartik Yadav has been granted privilege of pre-arrest bail in Criminal Appeal (DB) No.1498 of 2024 vide order dated 10.12.2024, Ramesh Kumar Yadav @ Ramesh Yadav and Mithilesh Yadav @ Mithilesh Kumar Yadav have been granted privilege of pre-arrest bail in Criminal Appeal (DB) No.108 of 2025 vide order dated 04.02.2025 passed by this Court. 5. It has been contended that the case of the present appellant is identical to that of the aforesaid co-accused persons, namely, Anand Kumar Yadav, Kartik Kumar @ Kartik Yadav, Ramesh Kumar Yadav @ Ramesh Yadav and Mithilesh Yadav @ Mithilesh Kumar Yadav who have been granted privilege of pre-arrest bail by the order of this Court. 6. The learned counsel for the appellant, based upon the aforesaid ground, has submitted that the impugned order may be interfered with. 7. While on the other hand, learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the appellant stating that the nature of allegation said to be committed by the appellant is serious, however, he has not disputed the fact that the co-accused, persons, namely, Anand Kumar Yadav, Kartik Kumar @ Kartik Yadav, Ramesh Kumar Yadav @ Ramesh Yadav and Mithilesh Yadav @ Mithilesh 3 Kumar Yadav have been granted privilege of pre-arrest bail by the order of this Court. 8. We have heard the learned counsel for the parties and gone across the findings recorded by the learned trial Court in the impugned order as also the testimonies of the witnesses and other material exhibits available therein. 9. The main ground taken on behalf of the appellant is that the case of the present appellant is on similar footing of the co-accused persons, namely, Anand Kumar Yadav, Kartik Kumar @ Kartik Yadav, Ramesh Kumar Yadav @ Ramesh Yadav and Mithilesh Yadav @ Mithilesh Kumar Yadav who have been granted privilege of pre-arrest bail by the order of this Court. 10. Therefore, this Court is of the view that the principle of parity is to be made applicable in the present case and, accordingly, we are of the view that the appellant has been able to make out a case for grant of privilege of pre-arrest bail and the impugned order needs to be interfered with. 11. Accordingly, the order impugned dated 12.02.2025 passed by the learned Addl. Sessions Judge-VI in A.B.P. No. 316 of 2025 in connection with Katras P.S Case No.236 of 2023 (so far as it relates to the appellant herein is concerned) is, hereby, quashed and set aside. 12. In view thereof, the instant appeal stands allowed. 13. In consequence thereof, the appellant, above named, is directed to surrender before the learned trial Court concerned within a period of four weeks and on his surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two 4 sureties of the like amount each to the satisfaction of the learned S.D.J.M, Dhanbad in connection with Katras P.S Case No.236 of 2023, subject to the conditions that the appellant shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause and shall not commit offence of the like nature. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered and further that one of the bailors should be close relative of the appellant, which is to be accompanied by affidavit justifying that such bailors are close relative of the appellant. 14. I.A., if any, stands disposed of. (Sujit Narayan Prasad, J.) (Gautam Kumar Choudhary, J.) Sudhir