Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:14830] IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3844 of 2025
1. Arvind Kumar , aged about 38 years, Son of Wakil Mahto, Resident ofIchak, P.O. Shila, PS-Simariya, District Chatra. 2. Ajit Kumar, aged about 25 years, Son of Baleshwar Mahto, Resident of Nawatand, Ichak, P.O. Shila, PS-Simariya, District Chatra. 3. Shashi Bhushan Kumar @ Shashi Bhushan Verma, aged about 42 years, Son of Tulsi Mahto @ Tulasi Ram, Resident of Nawatand, Ichak, P.O. Shila, PS- Simariya, District- Chatra. 4. Lakhan Prasad, aged about 26 years, Son of Ranju Mahto, Resident of Nawatand, Ichak, P.O. Shila, PS-Simariya, District Chatra. 5. Vinod Mahto, aged about 46 years, Son of Basudev Mahto, Resident of Nawatand, Ichak, P.O. Shila, PS- Simariya, District- Chatra. … Petitioners
Versus
The State of Jharkhand
… Opp. party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. R.S. Mazumdar, Sr. Adv. For the State : Mr. Rajesh Kumar, Addl.PP. 02 / 09.06.2025
Heard the parties. The petitioners have been made accused in connection with Simariya P.S. Case No. 35 of 2025 instituted under Sections 126(2), 115(2) 103(1), and 3 (5) of Bhartiya Nyaya Sanhita, 2023. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioner is that the petitioners in furtherance of common intention with the co-accused persons, committed murder of Md. Arshad and also caused hurt and wrongfully restrained Ehsan and Md. Imtiyaz. It is submitted that the allegation against the petitioner is false. Drawing attention of the court to the copy of the certified copy of the FIR of Simariya P.S. case no. 34 of 2025, it is submitted by
learned senior counsel that first the deceased attempted to commit rape upon the mentally challenged sister of the petitioner no. 2 who is the informant of the Simariya P.S. case no. 34 of 2025; taking advantage of her mental condition and as he was caught red handed by the petitioner no. 4 and 5 and as they protested, the deceased first attacked the petitioner no. 3 with scissors causing injury to him and during the course of their self defence, the occurrence as alleged in this case, being Simariya P.S. case no. 35 of 2025 has happened.
It is next submitted that though FIR of this case was lodged after one day of the occurrence, but still the name of none of the petitioners has been mentioned in the FIR of this case. It is next submitted that as the petitioners have been implicated in this case at the behest of the other two accused persons of Simariya P.S. case no. 34 of 2025 to put pressure upon them. It is next submitted that there is no allegation against the petitioner of using any hard and blunt weapon to assault the deceased or anyone else, even though as per the post mortem report, the death of the deceased Md. Arshad resulted from assault with hard and blunt substance. It is next submitted that the petitioner has been in jail custody since 01.03.2025 , as mentioned in 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 undertake 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 petitioners on bail. Hence, the court below is directed to release the petitioners on bail on furnishing bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand) each with
two sureties of the like amount each to the satisfaction of learned ACJM, Chatra in connection with Simariya P.S. Case No. 35 of 2025 with the condition that the petitioners will not to 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 they will not change the mobile phone number during the trial of the case. (ANIL KUMAR CHOUDHARY, J.)
Smita/-