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2025 DAILYLAW 16604 (JHR)

CHHOTU KUMAR v. THE STATE OF JHARKHAND

B.A./5389/2025 · 2025-07-03

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:17808] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5389 of 2025 Chhotu Kumar, aged about 21 years, Son of Lalu Prasad, resident of Bishunpad, Pirvaiti Panch Mohalla, P.O. Chand Chaura, P.S- Gaya, District-Gaya, State-Bihar. … Petitioner Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Vikash Kumar , Adv. For the State : Mr. Gautam Rakesh , Addl. PP. 02 / 03.07.2025 Heard the parties. The petitioner has been made accused in connection with Hunterganj P. S. case no. 161 of 2024 instituted under Sections 103, 238 and 3(5) of BNS, 2023. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons, committed murder of Santosh Jaiswal and caused disappearance of the evidence of the murder. It is submitted that the allegation against the petitioner is false and the petitioner is not named in the FIR and there is no eyewitness to the occurrence. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 19 of the bail application and he has been implicated in this case only on the basis of his self-confessional statement. It is next submitted that the petitioner has been in jail custody since 24.03.2025 , as mentioned in para 19 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 witness of the case in any manner during trial of the case hence, the petitioner may be admitted on 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, Chatra in connection with Hunterganj P. S. case no. 161 of 2024 with the condition that the petitioner will not 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/-