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2025 DAILYLAW 5770 (JHR)

SOMRA RAHARIYA v. THE STATE OF JHARKHAND

B.A./1399/2025 · 2025-03-07

Deepak Roshan

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1399 of 2025 --------- Somra Pahariya, aged about 35 years, S/O- Late Chhota Madhu Pahariya @ Chota Madhu Pahadiya, R/O- Shergarh Pahar, P.O+ P.S.- Jirwabari, District- Sahibganj ....Petitioner Versus The State of Jharkhand ....Opp. Party --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner : Mr. Pratiush Lala, Adv. Mr. Deepak Sahu, Adv. For the Opp. Party : Mr. Santosh Kumar Shukla, A.P.P. --------- 02/Dated:-07.03.2025 Heard learned counsel for the petitioner and learned APP. 2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 452, 302 of the I.P.C., in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023, presently pending in the Court of learned Session Judge, Sahibganj. 3. Learned counsel for the petitioner submits that out of eight charge-sheeted witnesses, only one has been examined till date which is evident from the impugned order, as such there is no chance of early conclusion of trial. He further submits that the petitioner is in custody for more than two years and even the witness who has been examined has not supported the case of the prosecution. 4. Learned A.P.P. opposes the prayer for bail of the petitioner. 5. Having regard to the aforesaid facts and circumstances of the case, that only one charge-sheeted witness has been examined and has not supported the case of the petitioner 2 coupled with the fact that the petitioner is in custody for more than two years, he is entitled for bail, and therefore I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Session Judge, Sahibganj, in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023. 6. It is made clear that the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall co-operate in trial and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner. (Deepak Roshan, J.) Vedanti/-