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2025 DAILYLAW 12759 (JHR)

RAHIM KHAN ALIAS BARKU ALIAS BADKA v. THE STATE OF JHARKHAND

B.A./4089/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15509] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4089 of 2025 ------ Rahim Khan @ Barku @ Badka S/o Late Moin Khan, aged about 37 Years, residents of Village- Badiya, Muslim Basti, P.O. & P.S.- Musabani, District- East Singhbhum .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Jitesh Kumar, Advocate For the State : Mr. Bishambhar Shastri, Addl.P.P ------ Order No.02 Dated-13-06-2025 Heard the parties. The petitioner has been made accused in connection with S.T. Case No.73 of 2025 arising out of Kowali P.S. Case No.34 of 2022 corresponding to G.R. Case No.1747 of 2022 registered for the offences punishable under Section 365 of the Indian Penal Code and subsequently added Section 302, 2012, 120B of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of Lav Kumar Mandal. It is next submitted that the allegation against the petitioner is false. It is then submitted that some of the co-accused persons have been admitted to bail whereas the prayer for bail of the other co-accused has been rejected. It is then submitted that though charge-sheet has been submitted in this case yet charge has not been framed. It is further submitted that the petitioner has been in custody since 17.05.2023 as is evident from para-5 of the instant bail application. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that the petitioner is a habitual and hardened criminal involved in 19 other criminal cases and keeping in view the serious nature of direct allegation that the petitioner committed murder of Lav Kumar Mandal, as well as his antecedent there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of direct allegation against the petitioner and his criminal antecedent as well as chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the bail of the above named petitioner at this stage. Accordingly, the prayer for bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/