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2025 DAILYLAW 23767 (JHR)

CHHAGURI RAJAK ALIAS CHUTRA v. THE STATE OF JHARKHAND

Cr.A(DB)/994/2025 · 2025-09-18

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

body2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:28857-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 994 of 2025 Chhaguri Rajak @ Chutra, son of Goni Rajak, resident of Bara Jirwabari, Chanan, PO & PS: Jirwabari, District: Sahibganj. ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Appellant : Mr. Parambir Singh Bajaj, Advocate; Mr. Vikas Kumar, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P. --- 04/18.09.2025 Heard the learned counsel for the respective parties. This appeal is directed against the order dated 31.07.2025 passed in B.P. No. 216 of 2025, arising out of Sahibganj (T) PS Case No. 74 of 2025 by the learned Sessions Judge, Sahibganj, whereby and whereunder, the prayer for bail of the appellant has been rejected. It has been alleged that two unknown miscreants had come to the shop of the son of the informant and sprayed him with bullets which resulted in his death. Submission has been advanced by the learned counsel for the appellant that the persons who had sprayed bullets on the deceased were Manish Kumar Mandal and Kush Kumar Mandal which has been ascertained from the CDR as well as the recording of their confessional statements. The learned counsel submits that so far as the present appellant is concerned, his implication arises out of the fact that the motorcycle used in the commission of the offence belongs to him. The learned counsel has also submitted that he had sold pistol and two cartridges to co-accused Govind Mandal which was subsequently recovered on the confession of the appellant from the possession of Govind Mandal. He has added that the appellant is in custody since 08.05.2025. Learned A.P.P. has opposed the prayer for bail of the appellant. On consideration of the fact that the main allegation of firing at the deceased rests upon the other accused persons namely Manish Kumar Mandal and Kush Kumar Mandal and so far as the appellant is concerned, his role is restricted to the use of his motorcycle by the accused persons, we while setting aside the order dated 31.07.2025 passed in B.P. No. 216 of 2025, arising out of Sahibganj (T) PS Case No. 74 of 2025 by the learned Sessions Judge, Sahibganj direct the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) PS Case No. 74 of 2025. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) Dated: 18.09.2025 S.B. -2-