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2025 DAILYLAW 9309 (JHR)

VISHWANATH BHUIYAN v. THE STATE OF JHARKHAND

B.A./3516/2025 · 2025-05-02

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:13375 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3516 of 2025 ------ Vishwanath Bhuiyan, aged about 45 years, son of Chhakan Bhuiyan, Resident of village –Khuri, P.O. and Police Station – Chiniya, District –Garhwa. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. ------ Order No.02 Dated- 02.05.2025 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Chiniya P.S. Case No.50 of 2024 registered for the offences punishable under sections 103(1)/238 of the B.N.S., 2023. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed the murder of the husband of the informant namely Pradip Bhuiyan and caused disappearance of the evidence of the murder by throwing the dead body of the deceased. It is further submitted that the allegations against the petitioner are all false and as per the post mortem report, the deceased died because of drowning. It is next submitted that the petitioner has been implicated in this case only on the basis of his own confessional statement of strangulating the deceased and committing his death but as per the post mortem report, the death was not due to strangulation. It is then submitted that the petitioner has been in custody since 19.11.2024, as has been mentioned in paragraph no. 17 of the bail application. It is next submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. The learned Spl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Garhwa, in connection with Chiniya P.S. Case No.50 of 2024 with the condition that the petitioner will cooperate with the trial of the case and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) Sonu-Gunjan/