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2025 DAILYLAW 35803 (JHR)

ROHIT BISWAS v. THE STATE OF JHARKHAND

B.A./8016/2025 · 2025-11-17

Ambuj Nath

body2025

Judgment text

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( 2025:JHHC:34238 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 8016 of 2025 Rohit Biswas, aged about 36 years, son of Nipendranath Biswas, resident of MQ 74, Durganagar, Brajarajnagar, P.S. & P.S.- Brajarajnagar, District- Jharsuguda, Odisha. …. Petitioner Versus The State of Jharkhand …. Opp. Party ------ CORAM : HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. Mohit Prakash, Advocate For the Opp. Party : Mr. Sardhu Mahto, A.P.P. ----- 5/ 17.11.2025 Heard the parties. 2. Petitioner has been made an accused in connection with S.T. No. 30 of 2025 arising out of Jaldega P.S. Case No. 35 of 2023, registered for the offence under Sections 302, 201 of the I.P.C., pending in the Court of learned Sessions Judge, Simdega. 3. On 02.08.2023, dead body of an unknown person was recovered from Mama-Bhagina Road. Later on, the dead body was identified to be that of Pankaj Yadav. The deceased was murdered by the accused persons because the parties were involved in selling of drugs and the deceased had decamped away with the drug money. 4. During the course of investigation, it transpired that the deceased was seen going on the motorcycle of the petitioner by two witnesses. It also transpired that the deceased was taken into sugarcane godown where he was assaulted and strangulated. The statement of one witness, Vishal Kumar, has been recorded during the course of investigation, in which, he has stated that when he went to the sugarcane godown, he saw that the petitioner and his brother Santosh Singh assaulting the deceased. The accused persons asked him and his companion to leave the place of occurrence and thereafter, the deceased was murdered. 5. Mr. Mohit Prakash, learned counsel appearing for the petitioner has submitted that later on, the statement of the said witness, Vishal Kumar has been recorded under Section 164 Cr.P.C., in which he had narrated the occurrence that two persons were assaulting the deceased, but he had not taken 2. the name of the petitioner. It was further submitted that co-accused Pradeep Kumar Sharma, has been granted bail by this Court. 6. The statement of witness Vishal Kumar is yet to be recorded during trial. This witness had not stated the name of petitioner under Section 164 Cr.P.C., whereas, he has named the petitioner to be an accused in the statement recorded under Section 161 Cr.P.C. 7. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected at this stage. (Ambuj Nath, J.) R.Kr. 17.11.2025