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2026 DAILYLAW 13102 (JHR)

SOMAR KHERWAR @ SAMAR @ CHANDA v. THE STATE OF JHARKHAND

B.A./3582/2026 · 2026-05-14

Anil Kumar Choudhary

body2026

Judgment text

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[2026:JHHC:14981] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3582 of 2026 Somar Kherwar @ Samar @ Chanda, aged about 42 years, S/o Bhade Kherwar, R/o village-Putrar, P.O & P.S-Peshrar, District- Lohardaga … Petitioner Versus The State of Jharkhand … Opp. Party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Altamash Khan, Adv. For the State : Mr. Sanat Kr. Jha, Addl.. PP 04 / 14.05.2026 Heard the parties. The petitioner has been made accused in connection with S.T Case No. 109/2025 arising out of Senha P.S Case No. 41/2019, instituted under Section 147, 148, 307/149, 186/149, 353/149 of I.P.C, and Sections 25 (1A)/26/27/35 of Arms Act, 1959 & U/s 17 of C.L.A Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the member of the banned organization JJMP, along with the co-accused persons, was planning to carry out a militant operation and they fired upon police personnel. It is submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 4 of the supplementary affidavit of the bail application and he has been implicated in this case only because his name was called by co-accused persons at the time of the alleged occurrence. It is next submitted that without putting the petitioner on TIP, as mentioned in para 8 of the Bail Application, charge sheet has been submitted against the petitioner. It is next submitted that the petitioner has been in jail custody since 16.12.2025 as mentioned in para 6 of this bail application. It is then 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 witness of the case in any manner during trial of the case. It is next submitted that the co-accused with similar allegations has already been admitted to bail by a co-ordinate Bench of this court vide order dated 19.12.2019 passed in B.A. no. 11342 of 2019, hence, the petitioner may be admitted to bail. Learned Addl. P.P. opposed the prayer for 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 Addl. Sessions Judge II, Lohardaga in connection with S.T Case No. 109/2025 arising out of Senha P.S Case No. 41/2019, with the condition that the petitioner will not 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.) Dated 14.05.2026 Smita/-