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2025 DAILYLAW 12975 (JHR)

SURAJ KUMAR DUBE ALIAS SURAJ DUBE ALIAS SURAJ KUMAR DUBEY v. THE STATE OF JHARKHAND

B.A./4008/2025 · 2025-06-13

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15452] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4008 of 2025 Suraj Kumar Dube @ Suraj Dube @ Suraj Kumar Dubey, aged about 20 years, son fo Late Shiv Shankar Dube @ Late Ravi Shankar Dube, resident of village- Hathkathi, Chhikapara, P.O. & P.S.- Hiranpur, Dist.- Pakur … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Gautam Kumar , Adv. For the State : Mr. Satish Prasad , Addl. PP. 02 / 13.06.2025 Heard the parties. The petitioner has been made accused in connection with Pakuria P. S. case no. 51 of 2024 instituted under Sections 310(5), 317 (5), of BNS, 2023 and Section 25 (1-b)a, 26, 35 of the Arms Act. Learned counsel appearing for the petitioner submits that allegation against the petitioner is that police on the basis of the confidential information found the co- accused persons and miscreants, assembled beside the road and were making preparation to commit dacoity. It is submitted that the allegation against the petitioner is false and on the basis of the confessional statement of the co-accused persons, the petitioner has been implicated in this case. It is next submitted that from the possession of the co-accused, arms and ammunitions were recovered and the allegation against the petitioner is that the petitioner sold the pistol to the co-accused who fired upon the victim at the time of robbery. It is next submitted that the petitioner has been in jail custody since 31.01.2025 , 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 witnesses of the case in any manner during trial of the case. It is next submitted that the co-accused with similar allegations has already been admitted to bail by this court vide order dated 28.04.2025 passed in 3262 of 2025; 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 JMFC, Pakur in connection with Pakuria P. S. case no. 51 of 2024 with the condition that the petitioner 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 he will not change the mobile phone number during the trial of the case. (ANIL KUMAR CHOUDHARY, J.) Smita/-