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2026 DAILYLAW 10414 (JHR)

KRISH KUMAR v. STATE OF JHARKHAND

B.A./10417/2025 · 2026-02-17

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:4603] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.10417 of 2025 ------ Krish Kumar, aged about 19 years, S/o Sanjay Kumar Saw, R/o Jaridih Bazar, Niche Patti, Near Devisthan, P.O. & P.S.- Jaridih Nagar, District- Bokaro, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Dr. (Mrs.) Vandana Singh, Advocate Ms. Neha Pandey, Advocate For the State : Md. Azeemuddin, Addl.P.P. ------ Order No:-03 Dated:-17-02-2026 Heard the parties. The petitioner has been made accused in connection with Marafari P.S. Case No.63 of 2025 registered for the offence punishable under Sections 103(1), 3(5), 310(3) of the B.N.S., 2023 and Sections 27, 25(1-b)a, 26, 35 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed dacoity and during the dacoity also committed murder of Mantu Das who resisted the commission of dacoity. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner went out of the room where the dacoity was committed; once the persons present in the room resisted the dacoity and tried to apprehend the petitioner and the co-accused persons, hence, the petitioner cannot be implicated in the offence of murder. It is then submitted that the petitioner has no criminal antecedents as has been mentioned in para-13 of the instant bail application. It is then submitted that the petitioner has been in custody since 02.08.2025 as is evident from para-12 of the instant bail application. It is further submitted that the petitioner is ready and willing to co-operate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that Section 310(3) of the B.N.S., 2023 states that in if any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than 10 years and shall also be liable to fine. It is then submitted that in view of the serious nature of allegation against the petitioner, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegation against the petitioner of committing murder while committing dacoity in furtherance of common intention with the co-accused persons as well as chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the above named petitioner to bail at this stage. Accordingly, the prayer for bail of the above named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) Dated:- 17.02.2026 Saroj/