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2026 DAILYLAW 24977 (JHR)

SANTOSH BHUIYAN v. THE STATE OF JHARKHAND

Cr.A(DB)/657/2026 · 2026-08-31

Arun Kumar Rai, Rongon Mukhopadhyay

Criminal Appealbody2026

Judgment text

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Neutral Citation No. ( 2026:JHHC:26149-DB) IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (DB) No. 657 of 2026 Santosh Bhuiyan ... Appellant Versus The State of Jharkhand … Respondent --- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE ARUN KUMAR RAI For the Appellant : Mr. Sahay Gaurav Piyush, Advocate For the State : Mr. Pankaj Kumar, PP --- Order No. 02 Dated 31st August, 2026 I.A. No. 5436 of 2026 Heard the learned counsel for the respective sides. This application has been preferred by the appellant for condoning a delay of nine days in filing the appeal. Having been satisfied with the reasons assigned in this application, the delay of nine days which had occurred in filing this appeal is condoned and this I.A. is allowed and disposed of. Criminal Appeal (DB) No. 657 of 2026 Heard the learned counsel for the respective sides. This appeal is directed against the order dated 25.02.2026 passed by the learned Additional Sessions Judge-II, Chatra in MCA No. 329 of 2026 in connection with S.T. Case No. 111 of 2024 arising out of Hunterganj P.S. Case No. 180 of 2022, whereby and whereunder, the prayer for bail of the appellant has been rejected. It has been alleged that there was an exchange of firing between the police personnel and the extremists and being out maneuvered the extremists had fled away. On a search of the place of occurrence, several incriminating materials were recovered. Submission has been advanced by the learned counsel for the appellant that though the appellant is named in the First Information Report but the same is on the basis of suspicion and one of the police personnel had identified the appellant and other persons also present who were firing at them. It has been submitted that in similar circumstances, one of the co- accused Ramashish Yadav @ Chalitar Yadav has been granted bail by a Coordinate Bench of this Court in Criminal Appeal (DB) No. 133 of 2026. Learned counsel adds that the appellant is in custody since 29.09.2026. Learned PP has opposed the prayer for bail of the appellant and has submitted that the appellant has got criminal antecedents. Regard being had to the fact that one of the similarly situated co- accused has been granted bail as noted above and the period of custody undergone by the appellant, we while setting aside the order dated 25.02.2026 passed by the learned Additional Sessions Judge-II, Chatra in MCA No. 329 of 2026 in connection with S.T. Case No. 111 of 2024 arising out of Hunterganj P.S. Case No. 180 of 2022, direct that the appellant be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like mount each to the satisfaction of learned Additional Sessions Judge-II, Chatra in connection with S.T. Case No. 111 of 2024 arising out of Hunterganj P.S. Case No. 180 of 2022, subject to the condition that the appellant shall remain physically present before the learned trial court on each and every date till the conclusion of the trial unless prevented by sufficient cause. This appeal is allowed. (RONGON MUKHOPADHYAY, J.) (ARUN KUMAR RAI, J.) 31.08.2026 MK Page-2