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2025 DAILYLAW 37751 (JHR)

TINKU THAKUR v. THE STATE OF JHARKHAND

B.A./10696/2025 · 2025-11-28

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:35859 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 10696 of 2025 ------ Tinku Thakur, aged about 27 years, S/o –Subhash Thakur, R/o Uper Mandra, Barora, P.O. & P.S. –Barora, District – Dhanbad. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhijeet Kr. Singh, Advocate For the State : Mr. Ajay Kr. Pathak, Addl. P.P. ------ Order No.02 Dated- 28.11.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with S.T. Case No. 223 of 2024 arising out of Barora P.S. Case No.57 of 2023 corresponding to G.R. Case No. 2835 of 2023 registered for the offences punishable under sections 302 of the Indian Penal Code and under Section 27 of the Arms Act. The learned counsel for the petitioner submits that this is the second journey of the petitioner with the prayer for regular bail and earlier the prayer for regular bail of the petitioner was rejected vide order dated 05.05.2025 in B.A. No. 3598 of 2025. It is further submitted by the learned counsel for the petitioner that the allegation against the petitioner is that the petitioner has committed the murder of the husband of the informant by firing upon him. It is next submitted that the fresh ground is that after rejection of the regular bail application of the petitioner, two more witnesses have been examined. The P.W.3 –Chandani Devi is the informant of the case and she has stated that the petitioner assaulted her deceased husband and fired three bullets, two of which hit the chest of the deceased while the third one hit the backside of the deceased. The brother-in-law of the P.W.3 namely Neeraj has seen the occurrence and in her examination, the P.W.3 has stated that she has not seen the occurrence. P.W.4 –Neeraj Kumar Rawani is the eye-witness of the occurrence. He has categorically stated that the petitioner fired upon his deceased brother namely Dheeraj Kumar Rawani and two of the bullets hit his chest while one of the bullet hit the backside of the deceased and his brother Dheeraj Kumar Rawani died of the bullet injuries. It is further submitted by the learned counsel for the petitioner that the petitioner is involved in four other cases, the details of which has been mentioned in para-9 of the bail application. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that as already recorded in the order dated 05.05.2025 in B.A. No. 3598 of 2025, the P.W.2 has categorically stated that the petitioner is the person who fired upon the deceased Dheeraj Kumar Rawani who was the son of the P.W.2 and his testimony has been corroborated by the P.W.3 and P.W.4 out of which P.W.4 is the eye-witness of the occurrence. It is next submitted that in view of the overwhelming evidence as well as the criminal antecedents of the petitioner, there is every chance of the petitioner absconding, if released on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Considering the serious nature of allegation against the petitioner and the evidence that has already come on record implicating him with the charges of committing the murder of Dheeraj Kumar Rawani as well as his criminal antecedents, this Court is of the considered view that this is not a fit case where the above-named petitioner be admitted to bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) 28.11.2025 Sonu/Gunjan-