Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 11115 of 2025
…. Shankar Kumar Mahto, aged about 29 years, son of Dhaneshwar Mahto, resident of Village Syal, P.O. and P.S. Keredari, District Hazaribagh (Jharkhand).
……Petitioner
Versus The State of Jharkhand
……Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Ashwini Kr. Upadhyay, Advocate
For the State : Mr. Tarun Kumar, APP
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ORAL ORDER IN COURT 03/18.02.2026 Heard Mr. Ashwini Kr. Upadhyay, learned counsel for the petitioner and Mr. Tarun Kumar, learned APP for the State.
2. The present bail application has been filed on behalf of the petitioner namely, Shankar Kumar Mahto for grant of regular bail who is in custody in connection with Bariyatu P.S. Case No. 33 of 2025 instituted for the offences under Sections 324(5), 324(6), 326(f), 308(5), 111(4), 109(1) of B.N.S. and Section 27 of Arms Act.
3. The prosecution case is based on the written report of informant Kuldip Sao, alleging therein that on 03.07.2025 his Hywa Truck bearing Registration No. JH02BR-9715, which was being driven by the driver and Chatti Bariyatu, unloaded the coal in the Katkam Saudi. Thereafter he parked the vehicle near
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Fulbasiya Station Building at about 11:00 P.M. The driver has informed to the informant that unknown miscreants has set the vehicle on the fire and they opened fire about 2-3 round and they have stated that they are the members of Rahul Dubey gang, accordingly, the F.I.R. has been instituted.
4.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. It is submitted that the petitioner is not named in the F.I.R. and F.I.R. has been lodged against unknown miscreants. It is submitted that the name of the petitioner has transpired in this case during the investigation on the basis of confessional statement of co-accused, and no fire arms has been recovered from the possession of the petitioner. It is further submitted that the petitioner has not been put to Test Identification Parade. It is submitted that the petitioner is a daily wage earner and is languishing in jail custody since 17.09.2025 for no fault on his part and hence, he may be enlarged on bail.
5. On the other hand, learned APP for the State has opposed the prayer of bail and submitted that the petitioner is the member of terrorist group of Rahul Dubey. It is submitted that the petitioner has got several criminal antecedents. It is further submitted that in Para-87 of the case diary, the petitioner and
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others co-accused have admitted their involvement in the offence and hence, the prayer for bail of the petitioner may be rejected.
6. Perused the FIR and the impugned order passed by the learned Court below and also considered the submission of both sides.
7. Though the petitioner is not named in the FIR but prima facie it appears to be member of terrorist group of Rahul Dubey who are terrorizing the people near coal mines.
8. It appears that the petitioner has got several criminal antecedents.
9. Considering the fact and the circumstances of this case, this Court is not inclined to enlarge the petitioner- Shankar Kumar Mahto on bail at this stage.
10. Accordingly, the prayer for bail of the petitioner- Shankar Kumar Mahto, is rejected at this stage.
11. Thus, B.A. No. 11115 of 2025, is hereby, dismissed.
12. Let a copy of this order be sent to the learned Court below.
(Sanjay Prasad, J.)
Dated: 18.02.2026
RKM/