Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 3387 (JHR)

JOHAN BRIJIYA v. THE STATE OF JHARKHAND

B.A./515/2025 · 2025-02-14

Navneet Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 515 of 2025 Johan Brijiya, aged about 26 years, Son of Late Devnish Brijiya, Resident of Village-Dauna, Tola Toliamba, P.O. & P.S.- Netarhat, Dist. Latehar, Jharkhand ... … Petitioner Versus The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR ------ For the Petitioner : Mr. Ashok Kumar, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. -------- Order No. 03 / Dated 14th February, 2025 Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State. 2. The petitioner is an accused in connection with Netarhat P.S. Case No. 05 of 2024 corresponding to G.R. Case No.290 of 2024, registered under Sections 25(1-B)A, 26(1), 27 of the Arms Act and 17 C.L.A. Act, pending in the Court of Learned J.M. 1st Class, Latehar. 3. It is submitted on behalf of the petitioner that the gist of the allegation as set out in the F.I.R. is that from the house of the petitioner a number of arms and ammunition including country-made pistal (Bharathua gun) and 37 pieces of empty cartridges of S.L.R. dry powder like gun power and other articles were recovered and this petitioner was arrested on the spot. 4. It is submitted on behalf of the petitioner that he is in custody since 22.03.2024 and there is no criminal antecedent against him. It is stated that charge-sheet in this case has been submitted and charge has also been framed and therefore possibility of tampering the evidence is very remote and hence he deserves to be enlarged on bail. 5. On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that the petitioner was caught on the spot red-handed and several arms and ammunitions have been recovered including country-made pistal (Bharathua gun) and 37 pieces of empty cartridges of S.L.R. dry powder like gun power and therefore he does not deserve to be enlarged on bail although 2 B.A. No.515 of 2025 he did not controvert this fact that this petitioner has no criminal antecedent and charge in this case has been framed. 6. Having heard the parties, perused the records of this case. 7. In light of the persuasive submission advanced on behalf of the petitioner and under the facts and circumstances of this case, it is found just and fair to enlarge the petitioner on bail. Accordingly, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned J.M. 1st Class, Latehar, in connection with Netarhat P.S. Case No. 05 of 2024 corresponding to G.R. Case No.290 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law. (Navneet Kumar, J.) Basant/S. Das