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2025 DAILYLAW 9915 (JHR)

RUPESH PAHAN ALIAS RUPESH MUNDA v. THE STATE OF JHARKHAND

B.A./3115/2025 · 2025-04-24

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12248] IN THE HIGH COURT OF JHARKHAND AT RANCHI BA No. 3115 of 2025 Rupesh Pahan @ Rupesh Munda, Aged abot 22 years, son of Jhari Pahan, resident of village- Dully, P.O.- Diwan, P.S.- Khelari, Dist.- Ranchi, Jharkhand … Petitioner Versus The State of Jharkhand … opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Vishnu Prabhakar Pathak, Adv. For the State : Mr. Prabhu Dayal Agrawal, Spl.. PP 02 / 24.04.2025 Heard the parties. The petitioner has been made accused in connection with Mccluskieganj P.S. Case No. 23 of 2024 for the offences registered under Sections 384, 387, 435, 436, 427, 326, 302/34 of the I.P.C. & Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that the case of the prosecution is that on 28.05.2024 at about 9.45 PM, four unknown persons came to the work site of the informant and to enforce the demand of rangdari, opened fire and also set ablaze a container truck which was standing there, due to which one person died. It is next submitted that the allegation against the petitioner is false and the petitioner is not named in the FIR and without holding in TIP, the charge sheet has been submitted against the petitioner. It is next submitted that the petitioner has been in jail custody since 07.06.2024, as mentioned in para 12 of this bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co- operate with the trial of the case and undertakes not to annoy or disturb the informant or the other witnesses in any manner during trial of the case. It is lastly submitted that the co-accused with similar allegations have already been released on bail by a co-ordinate Bench of this court vide order dated 18.02.2025 passed in BA No. 10846 of 2024 hence, the petitioner may be admitted on regular bail. Learned Addl. P.P. opposed the prayer for regular bail . Considering submissions of learned counsels and the facts as stated above, I am inclined to release the petitioner on bail. Hence, the court below is directed to release the petitioner 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 JMFC, Ranchi in connection with Mccluskieganj P.S. Case No. 23 of 2024 with the condition that the petitioner will not to annoy or disturb the informant or the other witness of the case in any manner during trial of the case and will co-operate with the trial of the case and will furnish mobile phone number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change the mobile phone number during the trial of the case. (ANIL KUMAR CHOUDHARY, J.) Smita/-