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2025 DAILYLAW 9510 (JHR)

PRAMESHWAR KUMAR DAS ALIAS PRAMESHWAR DAS v. THE STATE OF JHARKHAND

B.A./3310/2025 · 2025-04-28

Anil Kumar Choudhary

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Judgment text

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( 2025:JHHC:12719 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3310 of 2025 ------ 1. Prameshwar Kumar Das @ Prameshwar Das, Son of Late Topan Das, aged about 55 years, 2. Mahendra Kumar Das, Son of Kheman Das, aged about 57 years, 3. Ritlal Das, Son of Kheman Das, aged about 55 years, 4. Chitranjan Das, Son of Bholi Das, aged about 49 years, 5. Arun Kumar Das, Son of Ritlal Das, aged about 25 years, All are Resident of Dhobani, P.O. & P.S. –Bengabad, Dist. – Giridih. … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Kamdeo Pandey, Advocate For the State : Mrs. Snehlika Bhagat, Addl. P.P. For the Informant : Mr. Sumit Prakash, Advocate : Mr. Abhishek Kumar, Advocate ------ Order No.02 Dated- 28.04.2025 Heard the parties. The petitioners have moved this Court for grant of bail in connection with Bengabad P.S. Case No.232 of 2023 corresponding to G.R. Case No. 189 of 2024 registered for the offences punishable under sections 341, 323, 302, 324, 325, 307, 504, 506 & 34 of the Indian Penal Code but charge sheet has been submitted for the offences punishable under Section 341, 323, 324, 325, 326, 307, 302, 504, 506 r/w 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention with the co-accused persons have committed the murder of Babulal Das and attempted to murder others. It is further submitted that the allegations against the petitioners are all false and are general and omnibus in nature. It is then submitted that the allegation of assault upon Babulal Das, is against Birju Das and Ritlal Das. It is next submitted that the petitioner no.1 has been in custody since 20.01.2025 and the petitioner nos. 2 to 5 have been in custody since 24.01.2025, as has been mentioned in paragraph no. 18 of the bail application. It is then submitted that the co-accused persons have already been admitted to bail by a coordinate Bench of this Court vide order dated 03.07.2024 in B.A. No. 4232 of 2024 and allied cases. It is further submitted that the petitioners undertake to cooperate with the trial of the case and further undertakes that they 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 petitioners be admitted to bail. The learned Addl. P.P. and the learned counsel for the informant on the other hand vehemently opposes the prayer for bail and submits that in S.T. Case No. 138 of 2024 which is faced by the co-accused –Ashok Das and others, the witness Wakil Das who has been examined as P.W.1 has categorically stated that the petitioner no.3 –Ritlal Das assaulted upon Babulal Das with a sword ultimately resulting in his death. Hence, it is submitted that in view of the direct allegation against the petitioner no.3 –Ritlal Das, there is every chance of the petitioner no.3 –Ritlal Das absconding, if released on bail. Considering the direct allegation of serious nature against the petitioner no.3 –Ritlal Das of assaulting Babulal Das with a sword resulting in his death, this Court is not inclined to admit the petitioner no.3 –Ritalal Das on bail. Accordingly, the prayer for bail of the petitioner no. 3 –Ritlal Das is rejected. So far as the petitioner nos. 1, 2, 4 & 5 are concerned, keeping in view that the allegations against them are general and omnibus in nature as well as a counter-case has been filed for the selfsame occurrence vide Bengabad P.S. Case No. 235 of 2023 as well as the period undergone by them in custody, the petitioner nos. 1, 2, 4 & 5 are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Bengabad P.S. Case No.232 of 2023 corresponding to G.R. Case No. 189 of 2024 with the condition that the petitioner nos. 1, 2, 4 & 5 will co-operate with the trial of the case and will furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the trial of the case, with further condition that they 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/