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High Court of Jharkhand · body

2025 DAILYLAW 30102 (JHR)

PRAKASH PASWAN v. THE STATE OF JHARKHAND

B.A./248/2025 · 2025-01-15

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 248 of 2025 1.Prakash Paswan, aged about 40 years, son of Budhu Paswan, resident of Village Raichor, P.O. & P.S. Chandramandih, District Jammui (Bihar) 2.Balmukund Paswan, aged about 44 years , Son of Budhu Paswan, resident of Village Raichor, P.O. & P.S., Chandramandih, District Jammui (Bihar) 3.Anil Yadav, aged about 45 years, Son of Ram Shwarath Yadav, Resident of Village Bajhwara, P.O. & P.S.- Bajhwara, District- Begusarai(Bihar) 4.Anil Paswan, Aged about 40 years, son of Dhaneshwar Paswan, Resident of Village Chihra, P.O. & P.S.- Chandramandih, District- Jamui(Bihar) --- --- Petitioner s Versus The State of Jharkhand --- --- Opposite Party ….... CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Ms. Sushma Aind, A.P.P. 04/15.01.2025 Heard learned counsel for the petitioners and the learned A.P.P. representing the State. 2. Petitioners are accused in connection with Deoghar (Town) P.S. Case No. 460 of 2024 for the offence registered under Section 331(4), 305(a) of the B.N.S, 2023, pending in the court of learned Chief Judicial Magistrate, Deoghar. 3. The gist of the allegation as narrated in the F.I.R is that some un-known miscreants entered into the house of the Informant and took away ornaments worth Rs. 90,000/-and cash of Rs. 2 Lakhs. It is submitted on behalf of the petitioners that petitioners have not been named in the F.I.R and no T.I.P has been conducted. Further, petitioners are in judicial custody since 07.09.2024 and no incriminating articles have been recovered from the possession of the petitioners. 4. Further, it has been submitted that charge-sheet in this case has been submitted, therefore, possibility of tampering with the evidence is very remote and, one similarly situated co-accused namely Bhairo Paswan has been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 10879 of 2024 vide order dated 03.01.2025 and hence, petitioners deserve to be enlarged on bail. 5. On the other hand, learned A.P.P. appearing on behalf of the 2 State has opposed the contentions raised by the petitioners and submitted that petitioners accompanying other thieves entered into the house of the Informant and committed theft and ornaments and cash have been stolen. However, learned A.P.P. did not controvert the fact that petitioners are languishing in judicial custody since 07.09.2024 and one of the similarly situated co-accused namely Bhairo Paswan has been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 10879 of 2024 vide order dated 03.01.2025. 6. Having heard the parties, perused the record of the case. 7. In view of the persuasive submission advanced by the learned counsel for the petitioners, it is found just and proper to enlarge the petitioners on bail. 8. Accordingly, the petitioners named above are directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Deoghar(Town) P.S. Case No. 460 of 2024, subject to the condition that petitioners will cooperate in the criminal proceeding pending in the court below and they will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of their bail. (Navneet Kumar, J.) A.Mohanty