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2025 DAILYLAW 15829 (JHR)

VIDYASAGAR PASWAN ALIAS VIDYASAGAR BITTU ALIAS BIDYA SAGAR PASWAN v. THE STATE OF JHARKHAND

B.A./4753/2025 · 2025-06-05

Deepak Roshan

body2025

Judgment text

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( 2025:JHHC:14702 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 4753 of 2025 1. Vidyasagar Paswan @ Vidyasagar Bittu @ Bidya Sagar Paswan, aged about 28 years, S/o Anil Kumar Paswan, R/o-Village- Medhna Khurd, P.O. Belchampa, P.S. Garhwa, District-Garhwa 2. Akash Kumar @ Akash Paswan, aged about 22 years, S/o Raju Paswan, R/o-Village- Medhna Khurd, P.O. Belchampa, P.S. Garhwa, District- Garhwa 3. Omkar Kumar @ Onkar Paswan, aged about 19 years, S/o Raju Paswan, R/o-Village-Medhna Khurd, P.O. Belchampa, P.S. Garhwa, District- Garhwa …. …. …. Petitioners -Versus- The State of Jharkhand …. …. …. Opp. Party -------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioners : Mr. Akash Deep, Advocate For the State : Mr. Achinto Sen, A.P.P. ---------- 02/Dated 05.06.2025 Heard learned counsel for the parties. 2. The instant bail application has been preferred by the petitioners for grant of regular bail for the offences registered under Sections 103 (1), 238 of BNS. 3. The learned Counsel for the petitioners submits that as per the prosecution case on 14.12.2024 at about 12:30 p.m. son of the informant namely Hemant Kumar aged 4 ½ years was killed by the petitioners under a conspiracy. It is further alleged that first, they killed the deceased by electrocution and thereafter they threw the dead body in the bushes on the bank of Adra river. 4. Learned Counsel for the petitioners submits that the deceased was playing with other two boys of the village and during the play, one boy pushed the deceased and he fell down in drain, due to which he died. The informant 2 got knowledge of the death of deceased and due to earlier land dispute falsely implicated the petitioners and other. Villager Uday Kumar Paswan and other have given an application stating the correct facts to the S.P., Garhwa with copy to Dy. S.P., Garhwa and Officer In-charge, Garhwa. Petitioner No. 2 & 3 are having no criminal antecedent whereas the petitioner No.1 was having one criminal antecedent of Garhwa Nagar P.S. Case No. 226 of 2023 in which the police have found the case not true so far as petitioner no.1 is concerned. The petitioners have not committed any offence as alleged in the F.I.R. The entire allegation levelled against the petitioners is totally false and concocted. The petitioners are in custody since 15.04.2025. Hence, they may be given the privilege of regular bail 5. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned Counsel for the petitioners. 6. Having regard to the facts and circumstances of the case, I am inclined to enlarge the petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) each with two sureties of the like amount each in which one of the Bailor shall be father of the respective petitioners to the satisfaction of the learned Chief Judicial Magistrate, Garhwa in connection with Garhwa Nagar P.S. Case No. 683 of 2024. 7. It is made clear that the petitioners shall appear on each and every date before the learned trial court and they shall not threaten any witnesses and shall co-operate in trial and if any adverse report will come against these petitioners, learned trial court shall be at liberty to cancel the bail of these petitioners. P.K.S. (Deepak Roshan, J.)