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2025 DAILYLAW 4934 (JHR)

SHIVNATH DAS v. THE STATE OF JHARKHAND

B.A./938/2025 · 2025-04-04

Ambuj Nath

Transfer Petitionbody2025

Judgment text

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2025:JHHC:10410 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 938 of 2025 Shivnath Das, aged about 55 years, s/o Late Bhutto Das, r/o Village Shivnagar, P.O & P.S. Ujiyarpur, District Samastipur (Bihar) … … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Petitioner: M/s. A. K. Sinha, Advocate For the State : M/s. Shailesh Kr. Sinha, A.P.P For the Informant: M/s. Vijay Kumar Roy, Advocate --- 03/04.04.2025 Heard the Parties. Petitioner has been made an accused in connection with Sariya P.S. Case No. 208/2024 registered under Sections 103, 238(a), 3(5) and 61(2) of Bharatiya Nyaya Sanhita, 2023, pending in the Court of Ms. Babita Mittal, J.M. learned 1st Class, Giridih. On 25.07.2024, dead body of Manish Kumar was recovered from an under-construction septic tank from Satprabha Hospital. The deceased died due to asphyxia because of chest and lung injury. It is alleged that the petitioner happens to be the uncle of the deceased who had committed his murder because he wanted to grab his property. Learned lawyer for the petitioner submitted that there is no eye witness to the offence. It was further submitted that the deceased had fallen in the under-construction septic tank due to which he was injured and ultimately died. Learned lawyer for the informant has vehemently opposed the prayer for bail and submitted that the petitioner has murdered the deceased because he wanted to grab his property. Regard being had to the facts and circumstance of the case and considering the fact that apart from suspicion, there is no other material against the petitioner, on the record, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of Ms. Babita Mittal, learned J.M. 1st Class, Giridih or her successor in connection with Sariya P.S. Case No. 208/2024. (Ambuj Nath, J.) Saurabh uploaded