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2025 DAILYLAW 22654 (JHR)

AMRESH MISHRA v. THE STATE OF JHARKHAND

B.A./7925/2025 · 2025-09-16

Ambuj Nath

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:28379 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 7925 of 2025 ------ Amresh Mishra, aged about 22 years, S/o-Satyadev Mishra, R/o Vill.-Ramanand Puruwa, Madhawpur, Chakatta, P.O. & P.S.-Kotwali Nagar, District Gonda, U.P. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : M/s. Nilesh Kumar, Advocate For the State : M/s. Arup Kr Dey, A.P.P. ----- 02/16.09.2025 Heard the parties 2. The petitioner has been made accused in connection with Senha P.S. Case No. 24 of 2024 corresponding to G.R. Case No. 285 of 2024, for the offences registered under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act. However, charge has been framed under Sections 120B, 302, 34 of the I.P.C. and Section 25(1-b)a, 26, 27, 35 of the Arms Act, pending in the Court of learned S.D.J.M., Lohardaga. 3. Bail Application of the petitioner was twice permitted to be withdrawn. 4. On 08.04.2024 between 09:00 A.M. to 09:30 A.M., husband of the informant was shot dead by three unknown persons. During the course of investigation, petitioner was apprehended and, on his confession, pistol which was used in committing the murder of the deceased was recovered. 5. Mr. Nilesh Kumar, learned counsel appearing on behalf of the petitioner has submitted that though a pistol which was recovered from the possession of the same was of 7.5 mm bore, while the bullet which was recovered from the body of the deceased was of 8 mm bore. As such, it was submitted that the pistol which was recovered from the possession of the petitioner was not used as a murder weapon. It was also submitted that the pistol so recovered was never sent for Forensic Examination. 6. Considering the nature of allegation, I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected at this stage. (Ambuj Nath, J.) Nandini/- Uploaded