Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 1282 (JHR)

GULSHAN PANDIT v. STATE OF JHARKHAND

B.A./266/2026 · 2026-02-20

Sanjay Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:5316 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 266 of 2026 …. Gulshan Pandit aged about 22 years, S/o Rajesh Pandit, Resident of Village- Kurmichak, PO + PS-Godda (M), District- Godda ……Petitioner Versus The State of Jharkhand ……Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. S. P. Roy, Advocate For the State : Mr. Rajesh Kumar, A.P.P …… 02/20.02.2026 The present Bail Application has been filed on behalf of the petitioner for grant of regular bail, who is in custody since 18.11.2025 in connection with Godda (M) P.S. Case No. 202 of 2025 instituted for the offences under Sections 310(4)/310(5) of BNS, 2023 and Sections 25 (1-B)a/26/35 of the Arms Act. 2. As per FIR, the police has apprehended five (5) persons namely Shivam Kumar, Uttam Kumar Shah, Suman Kumar Pandit, Pradeep Kumar Sah and Gulshan Pandit on 18.11.2025 at around 00.10 AM for preparation to commit dacoity and six accused persons namely Suraj Yadav, Ritesh Yadav, Mohan Yadav, Shankar Sah, Chhotu Pandit and Arvind Shah had fled away. It is alleged that one Desi Katta loaded with one live cartridge was recovered from the possession of this petitioner. 3. Heard learned counsel for the petitioner and learned APP. 4. Learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence. It is submitted that though there is allegation of recovery of one Desi Katta loaded with one live cartridge from the possession of this petitioner, but he has been arrested in mistaken condition. It is 2026:JHHC:5316 2 submitted that the petitioner has got no criminal antecedent. It is submitted that other co-accused namely Pradeep Kumar @ Pradeep Kumar Sah @ Pradip Kumar Sah has already been granted by the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Shankar) of this Court on 13.02.2026 in B. A. No. 12085 of 2025. It is submitted that the petitioner is in custody since 18.11.2025 and hence, he may be enlarged on bail 5. On the other hand, learned for the State has opposed the prayer of bail of the petitioner and has submitted that the petitioner was apprehended with one Desi Katta loaded with one live cartridge without any plausible explanation for remaining present on the place of occurrence in the late night hours whereas, one Desi Katta loaded with two live cartridges was recovered from the co-accused Shivam Kumar and hence the prayer of bail of the petitioner may be rejected. 6. Having heard learned counsel for both the sides and from perusal of the records of this case, it appears from the FIR that the petitioner was apprehended by the police on 17.11.2025 and one Desi Katta loaded with one live cartridge was recovered from the possession of this petitioner whereas whereas, one Desi Katta loaded with two live cartridges was recovered from the co-accused Shivam Kumar. 7. It appears that the petitioner has taken the defence in the learned Court below that he was arrested from his house on 16.11.2025 and produced in this case on 17.11.2025 before the learned Court below. 8. It appears that one co-accused namely Pradeep Kumar @ Pradeep Kumar Sah @ Pradip Kumar Sah has already been granted by the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh 2026:JHHC:5316 3 Shankar) of this Court on 13.02.2026 in B. A. No. 12085 of 2025. It further appears that the petitioner is in custody since 18.11.2025. 9. Considering the facts and circumstances of this case and the fact that petitioner is in custody since 18.11.2025, the petitioner-Gulshan Pandit is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Godda or/his Successor Court in connection with Godda (M) P.S. Case No. 202 of 2025 subject to the condition that one of the bailors must be own relative of the petitioner and the petitioner shall also file an Undertaking before the learned Court below that he will not get indulged in such type of crime in future again, otherwise prosecution will be at liberty to take steps for cancellation his bail and the petitioner shall remain present on each and every date till conclusion of the trial except for unforeseen circumstance and the petitioner will submit self attested copy of his Aadhar Card and will also submit his mobile number before the learned Court below, which he will always keep active and will not change it, during the pendency of this case, without prior permission of the Court. (Sanjay Prasad, J.) Dated :- 20.02.2026 Kamlesh/-