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2025 DAILYLAW 10690 (JHR)

OM PRAKASH KUMAR v. THE STATE OF JHARKHAND

B.A./3355/2025 · 2025-04-29

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12785] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3355 of 2025 ------ Om Prakash Kumar, Aged about 33 Years, Son of Dukhi Sah, Resident of: Village- Sarisawa Bazar, Ward No.-25, P.O.- Manjhouliya, P.S.- Manjhouliya, District- West Champaran, (Bihar) .... .... …. Petitioner Versus The State of Jharkhand .... .... ... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Awnish Shankar, Advocate For the State : Mr. Rakesh Kr. Sinha, Addl.P.P ------ Order No.02 Dated- 29-04-2025 Heard the parties. The petitioner has been made accused in connection with Lohsinghna P.S. Case No.97 of 2024 registered under Section 379, 461, 436, 427 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is a habitual offender who was involved in committing theft from ATM Machine by using gas cutter. It is submitted that the allegation against the petitioner is false. It is further submitted that the present case relates to committing theft from ATM Machine of Indrapuri Chowk in which Rs.11,04,500/- cash was kept. It is then submitted that the petitioner is involved in five other cases of similar nature. It is also submitted that only on the basis of criminal antecedents and confessional statement, the petitioner has been implicated in this case. It is next submitted that the petitioner has been in custody since 30.01.2025. 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 keeping in view the serious nature of allegation against the petitioner as well as his criminal antecedent, there is every chance of the petitioner absconding and tampering with the evidence if released on bail. It is then submitted that the petitioner is a threat to the law-and-order situation in the locality. It is, lastly, submitted that the petitioner ought not be released on bail at this stage. Considering the serious nature of allegation against the petitioner, his criminal antecedent and his being a threat to the law-and-order situation in the locality as well as his chance of absconding and tampering with the evidence, this Court is of the considered view that this is not a fit case where the above- named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Animesh/