2026:JHHC:6316-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 1321 of 2025 ---- Lalit Kherwar @ Lalit Khewar, aged about 47 years, S/o late Jagarnath Kherwar, resident of Village Kotanger, Dipatoli, PO+Ps- Rania, Dist.-Khunti ....Appellant(s) Versus State of Jharkhand ....Respondent(s) --- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Appellant(s) : Mr. Vishal Kumar Rai, Advocate For the Respondent(s) : Mr. Abhay Kumar Tiwari, APP --- 07/Dated: 10th March 2026 1. The instant criminal appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 23.09.2025 passed by the learned District Additional Session Judge-I, Khunti in Misc. Cr. Application No.351 of 2025 whereby and whereunder the prayer for regular bail of the appellant in connection with S.T. Case No.02 of 2024 arising out of Rania P.S. Case No.21 of 2023, registered for the offence under Sections 25 (1-A)/25/(1-AA)25(1-B)a/25(1)/25(6)/25(7)/26/35 of the Arms Act and under Sections 3/4 of the Explosive Substance Act and under Section 17 of the CLA Act, has been rejected. 2. It has been contended on behalf of the appellant that although on earlier occasion the prayer for regular bail of the appellant was rejected vide order dated 21.03.2024 passed in Cr. Appeal (DB) No. 1898 of 2023 but only one witness has been examined out of seven charge-sheeted witnesses. It has been submitted that the appellant is languishing in judicial custody since 25.05.2023. Learned counsel appearing for the appellant based 2026:JHHC:6316-DB 2 upon the aforesaid ground has submitted that although there is no attributability said to be there on behalf of the appellant in procrastinating the trial rather it is the prosecution who is not coming with the witnesses due to which the appellant is in custody since long as such it is a fit case where the impugned order needs to be interfered with. 3. While on the other hand, Mr. Abhay Kumar Tiwari, learned APP appearing for the State of Jharkhand opposes the prayer for bail by taking the ground that on the earlier occasion the prayer for regular bail of the appellant has been rejected by this Court after going through the materials collected during course of investigation but he has become speechless in disclosing the reason as to why only one witness has been examined out of seven charge- sheeted witnesses even though the appellant is languishing in jail since 25.03.2023. 4. This Court has heard learned counsel for the parties. 5. Admittedly, this Court has rejected the prayer for regular bail of the appellant on merit, which is evident from the order dated 21.03.2024 passed in Cr. Appeal (DB) No. 1898 of 2023 as appended in Annexure-2 to the paper book. The trial has also proceeded and altogether seven charge-sheeted witnesses are to be examined but as per the status report which was called for vide order dated 14.11.2025 only one witness has been examined out of seven charge-sheeted witnesses. 6. This Court, considering the mandate of Article 21 of the Constitution of India in a situation where the appellant is languishing in custody and as such the delay cannot be attributed 2026:JHHC:6316-DB 3 to the appellant, is of the view that the present appeal needs to be allowed and accordingly it is allowed. 7. Accordingly, the order dated 23.09.2025 passed by the learned District Additional Session Judge-I, Khunti in Misc. Cr. Application No.351 of 2025 is hereby quashed and set aside. 8. In consequence thereof the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Additional Session Judge-I, Khunti in connection with S.T. Case No.02 of 2024 arising out of Rania P.S. Case No.21 of 2023, subject to the condition that the appellant shall appear before the Court concerned on each and every date in the trial and if there is any hindrance in the trial it will be open for the prosecution to make an application for cancellation of bail. If such an application is filed learned, trial Court will consider the same by taking into consideration the fact that the trial may not be interrupted in any way. 9. The instant criminal appeal stands disposed of. Pending I.A(s), if any, stands closed. (Sujit Narayan Prasad, J.) (Deepak Roshan, J.) 10th March 2026 Jk/Amit Uploaded on 12/03/2026