Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:13327 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3491 of 2025
------ Shivraj Singh, aged about 31 years, son of Keshwari Singh, resident of Village Bingada, Tola Bhaismara, P.O. and P.S. Latehar, District Latehar (Jharkhand).
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Rakesh Kumar, Advocate
For the State
: Mr. Bishambhar Shastri, Addl.P.P
------
Order No.02 Dated- 02-05-2025
Heard the parties.
The petitioner has been made accused in connection with Latehar P.S. Case No.245 of 2022 corresponding to G.R. Case No.19 of 2023 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused person committed the murder of the husband of the informant namely Subedar Singh by assaulting with thick lathi, kicks and slaps. It is submitted that the allegation against the petitioner is false. It is next submitted that as per the post mortem report, the death of the deceased was due to cardio respiratory arrest caused by neurogenic shock resulting from the injury by blunt object. It is next submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 28.11.2024 as is evident from para-12 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that there is direct and specific allegation against the petitioner of leading the group of assailants and there is specific allegation , inter alia against the petitioner of assaulting the deceased and keeping in view his criminal antecedent as alleged in the FIR itself, there is every chance of the petitioner absconding if released on bail. It is therefore
submitted that the petitioner ought not be released on bail at this stage.
Considering the serious nature of allegation against the petitioner and the chance of the petitioner absconding or tampering with evidence, if released on bail as well as his criminal antecedent, this Court is not inclined to admit the petitioner on bail. Accordingly, the prayer for bail of the above- named petitioner is rejected.
(Anil Kumar Choudhary, J.) Abhiraj/