KUSH KUMAR ALIAS KUSH KUMAR MANDAL v. THE STATE OF JHARKHAND
Cr.A(DB)/1463/2025 · 2025-12-08
Ambuj Nath, Rongon Mukhopadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41247 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41247 (JHR) · dailylaw.ai ]
Judgment text
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Neutral Citation No. ( 2025:JHHC:36696-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1463 of 2025
------ Kush Kumar @ Kush Kumar Mandal, aged about 18 years, S/o. Gannu Mandal, R/o. Premnagr, Bara Jirwabari, Chanan, P.O. & P.S.- Jirwabari, Dist. Sahibganj.
… … Appellant
-Versus - The State of Jharkhand
... … Respondent
------
CORAM: - Hon’ble Mr. Justice Rongon Mukhopadhyay Hon’ble Mr. Justice Ambuj Nath
------ For the Appellant : Mr. Parambir Singh Bajaj, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P.
------ 03/08.12.2025
Heard Mrs. Parambir Singh Bajaj, learned counsel for the appellant and Mr. Abhay Kr. Tiwari, learned A.P.P.
2. This appeal is directed against the order dated 04.09.2025 passed in B.P. No. 270 of 2025, arising out of Sahibganj (T) PS Case No. 74 of 2025 by the learned Sessions Judge, Sahibganj, whereby and whereunder, the prayer for bail of the appellant has been rejected.
3. It has been alleged that two unknown miscreants had come to the shop of the son of the informant and sprayed him with bullets which resulted in his death.
4. Submission has been advanced by the learned counsel for the appellant that the main allegation of firing at the victim is attributed to co-accused Manish Kumar Mandal and Luv Kumar Mandal. Learned counsel further submits that the appellant is in custody since 07.05.2025 and one of the co-accused namely Chhaguri Rajak @ Chutra has been granted bail by a co-ordinate Bench of this Court vide Cr. Appeal (DB) No. 994/2025.
5. Learned A.P.P. has opposed the prayer for bail of the appellant and has submitted that an empty cartridge and magazine were recovered from possession of this appellant, though the evidence of the witnesses reveal that the appellant was not involved in firing, but was given the arms by the assailants.
6. On consideration of the manner of implication of the appellant and period of custody undergone by the appellant, we while setting aside the
order dated 04.09.2025 passed in B.P. No. 270 of 2025, arising out of
Sahibganj (T) PS Case No. 74 of 2025 by the learned Sessions Judge, Sahibganj direct the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection with Sahibganj (T) PS Case No. 74 of 2025. This appeal is allowed.
(Rongon Mukhopadhyay, J)
(Ambuj Nath, J) 8 December 2025 R.kr.-Rahul/ Uploaded on-11.12.2025