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2026 DAILYLAW 19793 (JHR)

SANTOSH KUMAR @ SANTOSH KUMAR CHOUHAN v. THE STATE OF JHARKHAND

B.A./6274/2026 · 2026-07-10

Anubha Rawat Choudhary

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Judgment text

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2026:JHHC:20570 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6274 of 2026 Santosh Kumar @ Santosh Kumar Chouhan, S/o Sri Baijnath Chouhan … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Shailesh Kr. Singh, Advocate For the Opp. Party : Mr. Tarun Kumar, APP --- 02/10.07.2026 Heard the learned counsels appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 05.01.2026 in connection with Tetulmari P.S. Case No. 68 of 2025 corresponding to G.R. Case No. 908 of 2026 (S.T. Case No. 261/2026), registered under Sections 126(2), 115(2), 117(2), 352, 3(5) and 109(1) of Bharatiya Nyaya Sanhita, 2023 and subsequently, vide order dated 01.12.2025 section 103 of BNS has been added, now pending in the court of learned Addl. Session Judge-I, Dhanbad. 3. Learned counsel for the petitioner further submits that the bail application of the petitioner was rejected earlier in B.A. No. 2331 of 2026 vide order dated 24.03.2026. The informant happens to be the sole eye-witness to the occurrence and he has now been examined before the learned court and has turned hostile. He submits that on this ground, one co-accused has been enlarged on anticipatory bail by co-ordinate Bench of this Court vide order dated 16.06.2026 in A.B.A. No. 1739 of 2026. 4. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer for bail. However, the aforesaid submissions made by the learned counsel for the petitioner are not in dispute. 5. After hearing the learned counsels for the parties and considering the submission that the informant, who claims to be the eye-witness, has turned hostile and on that basis, a co-accused has also been given the privilege of anticipatory bail by a co-ordinate Bench of this Court, the petitioner is directed to be enlarged 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 the learned Addl. Session Judge-I, 2026:JHHC:20570 2 Dhanbad in connection with Tetulmari P.S. Case No. 68 of 2025 corresponding to G.R. Case No. 908 of 2026 (S.T. Case No. 261/2026), on the following conditions: (i) One of the bailors would be the present pairvikar of the petitioner. (ii) The other bailor should be his close relative. (iii) The petitioner will attend the court on each and every date and on account of even single default, the learned court shall cancel the bail bond furnished by the petitioner. (iv) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court. (v) The petitioner shall fully co-operate with the proceedings before the learned trial court. 6. However, the impugned order reveals that out of six charge- sheeted witnesses, two witnesses were already examined by 09.06.2026. 7. So far as the State is concerned, they are directed to ensure that the remaining witnesses and other materials including forensic evidence, if any, are promptly produced before the learned court. 8. Learned counsel for the State is directed to communicate this order to the Director, Prosecution and Superintendent of Police of the concerned district to ensure compliance. 9. The instant application is allowed with the aforesaid conditions. 10. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e-mail. (Anubha Rawat Choudhary, J.) Date of Order:10.07.2026 Pankaj Date of Uploading:11.07.2026