Neutral Citation No. ( 2025:JHHC:14213) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 59 of 2025 --------- Suman Yadav @ Suman Kumar @ Suman Kr. Yadav ..… Appellant Versus The State of Jharkhand ….. Respondent ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. Ranjan Kr. Singh, Advocate For the State : Mr. V.S. Sahay, A.P.P. ---------- ORAL ORDER IN COURT --------- 04/30.04.2025 This Criminal Appeal has been filed on behalf of the Appellant for setting aside the Order dated 02.09.2024, passed in Misc. Cr. Application No. 845 of 2024, by the learned Presiding Officer, Children Court, Godda by which the prayer for bail of the Appellant has been rejected in connection with Belbadda P.S. Case No.73 of 2020, corresponding to Children Court Case No. 09 of 2024, instituted under Sections 147, 148, 149, 341, 342, 302 of I.P.C. 2. It is alleged in the F.I.R. by the Informant that the accused persons including the Appellant had assaulted the Devar of the Informant due to which he died. 3. Heard Mr. Ranjan Kr. Singh, learned counsel on behalf of the Appellant and learned A.P.P. for the State. 4. Learned counsel for Appellant has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in the eye of law and the learned Court below has wrongly rejected Neutral Citation No. ( 2025:JHHC:14213) 2 the prayer for bail made on behalf of the Appellant. It is submitted that there is general and omnibus allegation against the accused persons including this Appellant for assaulting the deceased. It is submitted that the Co-accused, namely Bibhas Yadav @ Bibhash Yadav and Satyanarayan Yadav have been granted bail by the Co-ordinate Bench (Hon’ble Mr. Justice Rongon Mukhopadhyay) of this Court in Criminal Appeal (D.B.) No. 357 of 2022 and Criminal Appeal (D.B.) No. 374 of 2022 respectively on 25.08.2022. It is submitted that another Co-accused, namely Mukesh Yadav has been granted bail by the Co- ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court vide order dated 21.06.2024, passed in Criminal Revision No. 1178 of 2023 and the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) has rejected the prayer for bail of this Appellant, namely Suman Yadav @ Suman Kumar with the observation “At this stage”. It is submitted that the Appellant is in custody since 16.05.2023 and it is submitted that till date two prosecution witnesses have been examined out of Nine (09) chargesheeted witnesses so far till the year 2024, hence the Appellant may be released on bail. 5. On the other hand, learned A.P.P. has opposed the prayer for bail. It is submitted that the Appellant is also named in the F.I.R. for committing the death of the deceased, namely Anupam Sharma. It is submitted that several witnesses have supported the Neutral Citation No. ( 2025:JHHC:14213) 3 allegation against the Appellant for committing murder of the deceased. It is submitted that the witnesses, namely Deepak Sharma, Kanhai Sharma, Sugam Sharma have stated that the Appellant had assaulted by Lathi on the head of the deceased Anupam Sharma and hence, the prayer for bail may be rejected. 6. Having heard learned counsel for the Appellant, learned counsel for the State and after going through the Case Diary, it appears that although there is general and omnibus allegation against the accused persons including the Appellant for assaulting the deceased, namely Anupam Sharma, however, the Informant is not an eye witness of the occurrence rather she has learnt about the occurrence in the Hospital. 7. From perusal of the Case Diary, it appears that witnesses, namely Deepak Sharma, Kanhai Sharma and Sugam Sharma, whose statements have been recorded in the Para No.13, 14 and 15 of the Case Diary, have supported the allegation against the Appellant for assaulting the deceased on his head by rod and due to which he succumbed to his injury. 8. It appears from Para 118, 119 and 120 of the Case Diary, i.e. the statements of Sunaina Kumari (i.e. wife of the deceased), Bimla Devi (i.e. mother of the deceased) and Hari Mohan Sharma (i.e. father of the deceased) respectively that the deceased was done to death by the accused persons. 9. Considering the above facts, prayer for bail of the Appellant is rejected. Neutral Citation No. ( 2025:JHHC:14213) 4 10. The Order dated 02.09.2024, passed in Misc. Cr. Application No. 845 of 2024, by the learned Presiding Officer, Children Court, Godda is, accordingly, affirmed. 11. Thus, the Criminal Appeal (S.J.) No. 59 of 2024 is, hereby, dismissed. However, the learned Court below is directed to conclude the Trial as expeditiously as possible and the Superintendent of Police, Godda is directed to direct the Officer-in-Charge of the concerned Police Station and the Investigating Officer of this case, i.e. Belbadda P.S. Case No.73 of 2020, corresponding to Children Court Case No. 09 of 2024 to produce the witnesses as early as possible so that the trial of the Appellant is expedited. 12. Let copy of this order be sent to the learned Court below and the Superintendent of Police, Godda for the needful. (Sanjay Prasad, J.) s.m.