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2025 DAILYLAW 12252 (JHR)

PANKAJ KUMAR GUPTA v. THE STATE OF JHARKHAND

B.A./4025/2025 · 2025-06-12

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:JHHC:15269] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4025 of 2025 Pankaj Kumar Gupta, aged about 45 years, son fo Late Shyam Sunder Gupta, resident of village- Mahadevbaran, P.S. & P.O.- Mirzachowki, Dist.- Sahibganj … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Raja Ravi Shekhar Singh , Adv. For the State : Mr. Shailesh Kr. Sinha , Addl.PP. For the informant : Mr. Sabysanchi , Adv. 02 / 12.06.2025 Heard the parties. The petitioner has been made accused in connection with Mirzachowki P. S. case no. 03 of 2025 instituted under Sections 109 and 61 (2) of BNS, 2023 and Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons, has committed murder of Holy Koda. It is submitted that the allegation against the petitioner is false and the petitioner is not named in the FIR and he has been implicated in this case on the basis of the confessional statement of the co-accused person and on his own confessional statement. It is further submitted by learned counsel for the petitioner that the allegation of firing upon the deceased, is on Rajendra Bind in the FIR and in the confessional statement of the co-accused, the firing was alleged to have been made by Rabi and Dhiraj Kumar Vishwakarma @ Siti who has already been admitted to bail by a co-ordinate Bench of this court vide order dated 11.04.2025 passed in B.A. no. 2872 of 2025. It is next submitted that the petitioner has no criminal antecedent, as mentioned in paragraph 10 of the bail application. It is next submitted that the petitioner has been in jail custody since 16.01.2025, as mentioned in para 1 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co- operate with the trial of the case and undertakes not to annoy or disturb the informant or the other witness of the case in any manner during trial of the case hence, the petitioner may be admitted to regular bail. Learned Addl. P.P. opposed the prayer for regular bail . Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioner on bail. Hence, the court below is directed to release the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sahibganj in connection with Mirzachowki P. S. case no. 03 of 2025 with the condition that the petitioner will not annoy or disturb the informant or the other witness of the case in any manner during trial of the case and will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change the mobile phone number during the trial of the case. (ANIL KUMAR CHOUDHARY, J.) Smita/-