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2025 DAILYLAW 12856 (JHR)

ARJUN SINGH ALIAS DEVA ALIAS DEVA SINGH v. THE STATE OF JHARKHAND

Cr.A(SJ)/393/2025 · 2025-08-12

Sanjay Prasad

Criminal Appealbody2025

Judgment text

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2025:JHHC:24504 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.393 of 2025 …. Arjun Singh @ Deva @ Deva Singh, aged about 28 years, son of Ram Pyare Singh, Resident of Naya Tola, Purani Sahibganj, P.O.- Sahibganj & P.S.-Sahibganj (T), District-Sahibganj, ……Appellant Versus 1.The State of Jharkhand 2.Krishna Kumar Rai, Son of Laxman Rai, resident of Kamal Tola, P.O. & P.S.-Sahibganj(T), District-Sahibganj ……Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellant : Mr. Vikas Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Spl.PP …… Order No.03/12th August 2025 This Criminal Appeal (SJ) has been filed on behalf of the appellant by challenging the order dated 01.03.2025 passed in M.C.A. No.154 of 2025 by Sri Dheeraj Kumar, learned Special Judge (SC/ST Court) at Sahibganj in connection with Sahibganj (T) P.S. Case No.105 of 2024 corresponding to SC/ST Case No.02 of 2025 by which the prayer of bail of the appellant has been rejected by which the appellant has been instituted for the offences under Sections 126(2), 115(2), 118(2), 109, 303(2), 352, 351(2), 3(5) of B.N.S. 2023, and under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act and Section 27 of the Arms Act. 2. Heard learned counsel for the appellant and learned counsel for the State. 3. Learned counsel for the appellant submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in eye of law. It is submitted that the appellant is innocent and has not committed any offence. It is 2025:JHHC:24504 2 submitted that there is an allegation of assaulting the Informant on his head by the butt of the pistol. It is submitted that the co- accused namely Krishna Singh @ Gouri Singh @ Gori Singh has been granted bail by this Court vide order dated 02.05.2025 in Criminal Appeal (SJ) No.234 of 2025 who had also allegedly assaulted on the head of the Informant by the butt of the pistol and hence the appellant may be enlarged on bail. 4. Learned State counsel has opposed the prayer of bail and submitted that the appellant had assaulted on the head of the Informant by the butt of the pistol and has also been submitted that the witnesses have supported the prosecution case. It is submitted that the appellant has got six criminal antecedent and hence, the prayer of bail of the appellant may be rejected. 5. Perused the FIR and considered the submissions of both the sides. 6. It appears that the appellant remained in custody for around ten (10) months. 7. It appears that the appellant and one co-accused Krishna Singh and one Shiva Singh had also assaulted the Informant on the head. 8. It also appears that the co-accused namely Krishna Singh @ Gauri Singh has been granted bail by this Court vide order dated 02.05.2025 passed in Criminal Appeal (SJ) No.234 of 2025. 9. Accordingly, considering the facts and circumstances of this case, the appellant namely Arjun Singh @ Deva @ Deva Singh, is directed to be released on bail, on furnishing bail bonds of Rs.25,000/- (Rs. Twenty five Thousand) with two sureties of the like amount each, to the satisfaction of Sri Dheeraj Kumar, learned Special Judge (SC/ST Court) at Sahibganj in connection with 2025:JHHC:24504 3 Sahibganj (T) P.S. Case No.105 of 2024 corresponding to SC/ST Case No.02 of 2025 or his Successor Court subject to the condition that one of the bailors must be own relative of the appellant. 10. The impugned order dated 01.03.2025 passed in M.C.A. No.154 of 2025 by Sri Dheeraj Kumar, learned Special Judge (SC/ST Court) at Sahibganj in connection with Sahibganj (T) P.S. Case No.105 of 2024 corresponding to SC/ST Case No.02 of 2025 is set aside. 11. Thus, this Criminal Appeal (SJ) No.393 of 2025 is allowed. (Sanjay Prasad, J.) Nishant/-