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2025 DAILYLAW 3777 (JHR)

ROUMISH KUMAR ALIAS RAUNISH KUMAR v. THE STATE OF JHARKHAND

B.A./790/2025 · 2025-02-07

Navneet Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 790 of 2025 Roumish Kumar @ Raunish Kumar, aged about 22 years son of Gopal Singh, resident of village Dumariya, P.O. Kuba Police Station-Hunterganj, District - Chatra --- --- Petitioner Versus The State of Jharkhand --- --- Opposite Party ….... CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner : Mr. Rajesh Kumar Singh, Advocate For the State : Mr. Jitendra Pandey, A.P.P. 02/07.02.2025 Heard learned counsel for the petitioner and the learned A.P.P. representing the State. 2. Petitioner is an accused in connection with S.T. No. 400 of 2024 arising out of Hunterganj P.S. Case No. 164 of 2021 for the offence registered under Section 392 of the IPC, pending in the court of learned Additional Sessions Judge-I, Chatra. 3. It is submitted on behalf of the petitioner that the gist of allegation as narrated in the F.I.R is that the Informant was robbed by four armed miscreants and looted a sum of Rs. 69,610/- from the cash counter of his wine shop. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R and his name appeared on the basis of the confessional statement of the co- accused persons including one Vicky Paswan, who has taken the name of this petitioner. 4. It has further been submitted that similarly situated co- accused persons namely Chhotu Choudhary @ Dhananjay, Laxman Paswan @ Laxman Kumar, Chintu Paswan @ Gora @ Chintu Paswa, Abhishek Singh @ Tolu and Manoj Paswan @ Kailu Paswan @ Kailu have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.04.2023 in B.A. No. 2391 of 2023, order dated 08.05.2024 in B.A. No. 3101 of 2024, order dated 02.01.2024 in B.A. No. 7144 of 2023, order dated 09.01.2024 in B.A. No. 9297 of 2023 and order dated 11.12.2023 in B.A. No. 9763 of 2023 respectively, copy of the orders are annexed with the 2 bail application as Annexure-2 to Annexure-6. However, order granting bail to the co-accused Vicky Paswan has not been annexed with the instant bail application. 5. Further, it has been pointed out that charge in this case has been framed and, therefore, possibility of tampering evidence is very remote. Petitioner is in judicial custody since 20.06.2024 and therefore, he deserves to be enlarged on bail. 6. On the other hand, learned A.P.P. appearing on behalf of the State has opposed the contentions raised by the petitioner and stated that name of the petitioner has appeared on the basis of confession of co-accused Vicky Paswan but copy of the order granting bail to the said Vicky Paswan has not been annexed along with the instant bail application. However, he did not controvert the fact that similarly situated co-accused persons namely Chhotu Choudhary @ Dhananjay, Laxman Paswan @ Laxman Kumar, Chintu Paswan @ Gora @ Chintu Paswa, Abhishek Singh @ Tolu and Manoj Paswan @ Kailu Paswan @ Kailu have been granted bail by a co-ordinate Bench of this Court vide order dated 20.04.2023 in B.A. No. 2391 of 2023, order dated 08.05.2024 in B.A. No. 3101 of 2024, order dated 02.01.2024 in B.A. No. 7144 of 2023, order dated 09.01.2024 in B.A. No. 9297 of 2023 and order dated 11.12.2023 in B.A. No. 9763 of 2023 respectively. 7. Having heard the parties, perused the record of the case. 8. In view of the persuasive submission advanced by the learned counsel for the petitioner and also the fact that similarly situated co- accused persons have been already been enlarged on bail, it is found just and proper to enlarge the petitioner on bail. 9. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Chatra in connection with S.T. No. 400 of 2024 arising out of Hunterganj P.S. Case No. 164 of 2021, subject to the condition that petitioner will 3 cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail as per the provision of law. (Navneet Kumar, J.) A.Mohanty