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2025 DAILYLAW 41305 (JHR)

RAJA MIYA ALIAS MD RAJA MIYA v. THE STATE OF JHARKHAND

Cr.A(DB)/1373/2025 · 2025-12-03

Pradeep Kumar Srivastava, Rongon Mukhopadhyay

Criminal Appealbody2025

Judgment text

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Neutral Citation No. ( 2025:JHHC:36671-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (D.B.) No. 1373 of 2025 --- Raja Miya @ Md. Raja Miya … … Appellant Versus The State of Jharkhand … … Respondent --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --- For the Appellant : Mr. Gautam Kumar, Advocate For the Respondent : P.P. --- 3/03.12.2025 Heard Mr. Gautam Kumar, learned counsel appearing for the appellant and the learned P.P. appearing for the State. This appeal is directed against the order dated 14.10.2025 passed in B. P. No. 321 of 2025 arising out of Pakuria P. S. Case No. 28 of 2025 by the learned Additional Sessions Judge I, Pakur whereby and whereunder the prayer for bail of the appellant has been rejected. It has been alleged that when the police has reached the house of the appellant, one person fleeing away was apprehended and on his disclosure the house of Dabbu Tudu was searched and from where several explosive substances were recovered. Submission has been advanced by the learned counsel for the appellant that the appellant is in custody since 27.08.2025. It has further been submitted that the appellant is the father of Samsul Hasan, the person who was apprehended by the police and save and except the said fact, there is no other material which would indicate that the appellant was also involved in dealing with the explosive substance. Learned P.P. for the State has opposed the prayer for bail of the appellant and submitted that in course of investigation it has come to light that the house from where explosive substances were recovered belonged to Dabbu Tudu. However, it has not been ascertained as to whether the said house was taken on rent by Samsul Hasan or the appellant. He further submitted referring to paragraph 8 of the case -2- diary that the recovery was effected from the house of the present appellant. There appears to be certain ambiguity in respect to the said submission on account of the fact that the FIR discloses that on the confessional statement of the son of the appellant namely, Samsul Hasan recovery was effected from the house of Dabbu Tudu while paragraph 8 of the case diary discloses otherwise. It further appears that the appellant was implicated being the father of Samsul Hasan and the investigation has failed to ascertain the connection between Dabbu Tudu and the appellant. In such facts and circumstances, we while setting aside the order dated 14.10.2025 passed in B. P. No. 321 of 2025, direct that the appellant above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Pakur in connection with Pakuria P. S. Case No. 28 of 2025. This appeal is allowed. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) 3rd December, 2025 R. Shekhar Cp 3 Uploaded on 08/12/2025