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2025 DAILYLAW 35627 (JHR)

BASU PAHARIYA v. THE STATE OF JHARKHAND

Cr.A(DB)/257/2025 · 2025-04-28

Ambuj Nath, Rongon Mukhopadhyay

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Judgment text

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2025:JHHC:12617-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 162 of 2025 ------- Barnabas Pahariya @ Barnabas Paha …... …. Appellant(s) Versus The State of Jharkhand .…. …. Respondent With Cr. Appeal (DB) No. 257 of 2025 ------- Basu Pahariya …... …. Appellant(s) Versus The State of Jharkhand .…. …. Respondent -------- CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Appellant(s) : Mr. Parambir Singh Bajaj, Advocate For the State : Mr. S. K. Srivastava, A.P.P Mr. Shiv Shankar Kumar, A.P.P. -------- 10/ Dated 28.04.2025 Heard Mr. Parambir Singh Bajaj, learned counsel for the appellants in both these appeals and Mr. S. K. Srivastava, learned A.P.P on behalf of the State in Cr.Appeal (DB) No.162/2025 and Mr. Shiv Shankar Kumar, learned A.P.P on behalf of the State in Cr. Appeal (DB) No.257/2025. Both these appeals are directed against the order dated 21.11.2024 passed by learned Additional Sessions Judge-I, Sahibganj in B.P. No.278/2024, arising out of GRPS/Barharwa Case No.49/2024, corresponding to Rly.G.R. No.77/2024, whereby and whereunder, the prayers for bail of the appellants have been rejected. It has been alleged that four minor children were apprehended from a railway station and they had disclosed about the present appellants who were intending to take them outside the state. Learned counsel for the appellants submitted that the appellants are in custody since 22.08.2024. Learned counsel further submits that none of the appellants have criminal antecedents. He has further submitted that the victims have finally been recovered and on such parameters, he has prayed for bail. Learned A.PP has opposed the prayer for bail of the appellant. On consideration of the period of custody undergone by the appellants, we, while setting aside the order dated 21.11.2024 passed by learned Additional Sessions Judge-I, Sahibganj in B.P. No.278/2024, arising out of GRPS/Barharwa Case No.49/2024, corresponding to Rly.G.R. No.77/2024, direct that the appellants, above named, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sahibganj, in connection with GRPS/Barharwa Case No.49/2024, corresponding to Rly.G.R. No.77/2024. Both these appeals are allowed. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) BS-Saurav/-