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2025 DAILYLAW 32998 (JHR)

SHYAM BABU DHIKHAR v. THE STATE OF JHARKHAND

Cr.A(DB)/1390/2024 · 2025-12-06

Deepak Roshan, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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2025:JHHC:36619-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 1390 of 2024 Shyam Babu Dhikhar, aged about 34 years, Son of Tirath Dhikar, Resident of Singh Nagar, Gulgulia Patti, Jharia, P.O. Jharia, P.S.- Jharia, District- Dhanbad, Jharkhand ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE JUSTICE DEEPAK ROSHAN For the Appellant : Mr. Akhouri Awinash Kumar, advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. --- Order No. 02/ Dated: 06th December, 2025 1. Heard Mr. Akhouri Awinash Kumar, learned counsel for the appellant and learned APP. 2. This appeal is directed against the order dated 07.10.2024 passed by the learned Additional Sessions Judge-X, Dhanbad in M.C.A. No. 2356 of 2024 arising out of Jharia P.S. Case No. 23 of 2023 corresponding to G.R. Case No. 927 of 2023 S.T. No. 345 of 2023 whereby and where under the prayer for bail of the appellant has been rejected. 3. The appellant had earlier moved for grant of bail before this Court in Criminal Appeal (D.B.) No. 94 of 2024 which was rejected by order dated 22.04.2024. 4. It has been submitted by the learned counsel for the appellant that five witnesses have been examined by the prosecution and all have been declared hostile by the prosecution. Learned counsel submits that the appellant was merely present at the place of occurrence and the allegation of assault rests with the other accused persons. It has also been submitted that the appellant is in custody since 20.01.2023. 5. Learned A.P.P. has opposed the prayer for bail of the appellant. 6. Regard being had to the nature of allegations against the appellant coupled with the fact that none of the witnesses so far examined, has supported the case of the prosecution as has been submitted by the learned counsel for the appellant, we while setting aside the order dated 07.10.2024 passed by the learned Additional Sessions Judge-X, Dhanbad 2025:JHHC:36619-DB 2 in M.C.A. No. 2356 of 2024 direct that 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 the learned Additional Sessions Judge-X, Dhanbad in connection with Jharia P.S. Case No. 23 of 2023 corresponding to G.R. Case No. 927 of 2023, S.T. No. 345 of 2023, subject to the condition that the appellant shall remain physically present before the learned trial court on each and every date till the conclusion of the trial. 7. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Deepak Roshan, J.) Dated: 06th December, 2025 Simran/- Uploaded on:-