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2025 DAILYLAW 25574 (JHR)

NAGENDRA UPADHYAY v. THE STATE OF JHARKHAND

Cr.A(DB)/1119/2025 · 2025-09-18

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:28738-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1119 of 2025 Nagendra Upadhyay ... 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. Rohan Mazumdar, Advocate For the State : Mr. B. N. Ojha, Spl.P.P. --- Order No. 02 Dated 18th September, 2025 Heard the learned counsel for the respective sides. This appeal is directed against the order dated 01.09.2025 passed in B.P. No. 798 of 2025 in connection with Putki P.S. Case No. 23 of 2024 by the learned Additional Sessions Judge-I, Dhanbad, whereby and whereunder, the prayer for bail of the appellant has been rejected. The allegation reveals that with respect to lifting of coal the dispute had arisen which led to a scuffle with the police and thereafter both the sides started pelting stones and hurling bombs as well as fired bullets resulting in one of the accused, namely, Sonu Yadav being seriously injured. Submission has been advanced by the learned counsel for the appellant that the allegations are general and omnibus in nature and several co-accused persons have been granted anticipatory bail in Criminal Appeal (DB) No. 610 of 2024, Criminal Appeal (DB) No. 804 of 2024, Criminal Appeal (DB) No. 1096 of 2024 and Criminal Appeal (DB) No. 973 of 2025. It has been submitted that the incident had taken place on account of a dispute between two unions for which three cases were instituted. Learned counsel has further submitted that the appellant is in custody since 25.08.2025. Learned Spl.P.P. has opposed the prayer for bail of the appellant, but has not disputed the aforesaid facts. On consideration of the generality of allegations levelled against the appellant and the fact that several co-accused persons have been granted anticipatory bail, as noted above, we while setting aside 01.09.2025 passed in B.P. No. 798 of 2025 in connection with Putki P.S. Case No. 23 of 2024 by the learned Additional Sessions Judge-I, Dhanbad, direct that the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dhanbad in connection with Putki P.S. Case No. 23 of 2024. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) 18.09.2025 MK Page|2