SHIMBU MUNDA ALIAS SHIBU MUNDA v. THE STATE OF JHARKHAND
B.A./7851/2025 · 2025-09-25
Pradeep Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22095 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22095 (JHR) · dailylaw.ai ]
Judgment text
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Neutral Citation No. ( 2025:JHHC:30087 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7851 of 2025 --------- Shimbu Munda @ Shibu Munda, aged about 30 years, son of Pirti Munda, resident of –Jareya, Maridih, P.O.-Jamchuan , P.S.-Namkum, Dist. Ranchi
… … Petitioner Versus The State of Jharkhand
…. Respondent --------- CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Petitioner : Mr. Avishek Prasad, Advocate For the State : Mr. Satish Prasad, A.P.P.
----------- 06/Dated: 25th September, 2025
1. Heard learned counsel for the parties. 2. The petitioner has been made accused in connection with S.T. No.16 of 2024 arising out of Namkum P.S. Case No. 394 of 2023 registered under sections 302, 201, 120B of Indian Penal Code. 3. Learned counsel for the petitioner has submitted that earlier the prayer for regular bail of the petitioner was rejected by this Court on merits vide order dated 20.06.2024 passed in B.A. No.2790 of
2024. It is further submitted that the petitioner has been involved in this case on the basis of suspicion. Charge has been framed against the petitioner on 08.04.2024 but till date, not a single prosecution witness has been examined by the prosecution. There are 10 charge-sheeted witnesses and there is no likelihood of conclusion of trial in near future. The petitioner is a young person and sole bread earner of his family and due to his incarceration, the whole family is facing starvation. The petitioner is in custody since 31.07.2023. The petitioner undertakes to co-operate in the trial of the case by appearing on each date as and when required by the concerned trial court and abide all terms and conditions, which may be imposed. Therefore, the petitioner may be released on bail. 4. Learned Addl. P.P. has vehemently opposed the prayer for bail of the petitioner and submitted that earlier the prayer for regular
Neutral Citation No. ( 2025:JHHC:30087 )
bail of the petitioner was rejected by this Court on merits and there is no fresh ground to entertain this second bail application. Hence, the petitioner may not be enlarged on bail. 5. From perusal of the record, it appears that at the time of earlier rejection of the prayer for bail of the petitioner in B.A. No.2790 of 2024 dated 20.06.2024, charge was already framed against him for the offences under sections 302, 201 and 120B of IPC.
The complicity of the petitioner in the offence of murder has been shown on the basis of suspicion and enmity between the parties. The case is based on circumstantial evidence and more than one year has lapsed since the framing the charge but not a single witness has been examined. Learned trial court has reported a tentative period to conclude the trial within a period of one year. 6. In the facts and circumstances of this case, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released 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 AJC-XX, Ranchi in connection with S.T. No.16 of 2024 arising out of Namkum P.S. Case No. 394 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. (Pradeep Kumar Srivastava, J.) Dated-25/09/2025 Pappu/-