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2025 DAILYLAW 5863 (JHR)

NAGI SINGH ALIAS NAGESHWAR SINGH @ NAGESHWAR PRASADSINGH v. THE STATE OF JHARKHAND

A.B.A./1576/2025 · 2025-03-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1576 of 2025 ------ Nagi Singh @ Nageshwar Singh @ Nageshwar Prasad Singh, aged about 50 years, Son of Late Pheku Singh, Resident of Village- Amjo, P.O.- Chatro, P.S.- Bhelwaghati, District- Giridih (Jharkhand), Pin Code- 815314 .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Sadanand Choudhary, Son of Late Jay Narayan Choudhary, Resident of Village- Dumardiha, P.O.- Arkhago, P.S.- Ghodthamba, District- Giridih (Jharkhand) .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R. N. Sahay, Sr. Advocate Mr. Yashvardhan, Advocate For the State : Mr. Bishambhar Shastri, Addl. P.P. ------ Order No.02 Dated- 10-03-2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Bhelwaghati P.S. Case No.27 of 2024 registered under Sections 103 (1), 238, 85, 61 (2) and 3 (5) of the B.N.S., 2023. Learned senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner, in criminal conspiracy with the co-accused persons and in furtherance of common intention with the co- accused persons, has committed the murder of Priyanka Devi and has caused disappearance of the evidence of the murder by burning the dead body of the deceased- Priyanka Devi. It is submitted that the allegation against the petitioner is false and general and omnibus in nature. It is next submitted that there is no specific allegation against the petitioner. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that in view of the direct allegation against the petitioner of having committed the murder and causing disappearance of the evidence of the murder of Priyanka Devi, the custodial interrogation of the petitioner is required during the investigation of the case to find out the details of the case. It is therefore submitted that the petitioner ought not to be given the privileges of anticipatory bail. Considering the serious nature of allegation against the petitioner of committing the murder and causing disappearance of the evidence of the murder of Priyanka Devi as well as the requirement of custodial interrogation of the petitioner during the investigation of the case, this Court is of the considered view that this is not a fit case where the above-named petitioner be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Animesh/