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2026 DAILYLAW 20846 (JHR)

MOLINGA BAURI ALIAS KULDEV BAURI v. THE STATE OF JHARKHAND

B.A./6782/2026 · 2026-07-21

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:21488 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6782 of 2026 ------ Molinga Bauri @ Kuldev Bauri, aged about 18 years, S/o Kamal Bauri, R/o Village-Pandra, P.O.-Pandra, P.S.-Niraha (MPL O.P.), District-Dhanbad. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mukesh Bihari Lal, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P ------ Order No.02 Dated- 21-07-2026 Heard the parties. The petitioner has moved before this Court for grant of bail in connection with Nirsa P.S. Case No.98 of 2026, registered for the offences punishable under sections 103(1) & 3(5) of the BNS, 2023. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused Arup Dhibar & Bikram Dhibar has committed murder of Bittu Dhibar by forcibly putting his head inside mud consequent upon a quarrel in a fair. It is next submitted that the allegations against the petitioner are all false and the petitioner has been in custody since 06.04.2026, as has been mentioned in paragraph no.23 of the bail application. It is then submitted that the informant is not the eye witness to the occurrence. It is further submitted that the petitioner has no criminal antecedent as has been mentioned in para-21 of this bail application. It is next submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail. Learned Addl. P.P. appearing for the State on the other hand vehemently opposes the prayer for bail and submits that keeping in view the direct and specific allegation against the petitioner of committing murder of Bittu Dhibar by forcibly putting his head inside the mud which is supported by the post-mortem report, there is every chance of the petitioner absconding and tampering with evidence, if released on bail. It is therefore submitted that the petitioner ought not be released on bail. Considering the serious nature of allegation against the petitioner as well as the chance of the petitioner absconding and tampering with evidence, if released on bail and the facts of this case, this Court is not inclined to admit the petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) 21/07/2026 Abhiraj/