2026:JHHC:9899 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1863 of 2026 Hamza Khan, son of Late Ahmad Khan … … Petitioner Versus The State of Jharkhand … … Opposite Party --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Abhay Kumar Chaturvedy, Advocate For the Opp. Party : Mr. Satish Prasad, APP --- 04/07.04.2026 Heard the learned counsels appearing on behalf of the parties. 2. Learned counsel for the petitioner submits that the petitioner is in custody since 02.11.2025 in connection with Chandwa P.S. Case No. 242 of 2025, registered under Sections 126(2), 115, 117, 118 and 109 of Bharatiya Nyaya Sanhita, 2023. He submits that subsequently charge-sheet has been submitted under sections 126(2), 115, 117, 118, 109 and 103(1) of Bharatiya Nyaya Sanhita, 2023 and also under section 27 of the Arms Act. The learned counsel submits that the case is now pending in the court of learned Additional Chief Judicial Magistrate, Latehar. 3. Learned counsel for the petitioner further submits that neither the informant of the case nor the person from whom the informant gathered information about the alleged occurrence committed by the petitioner, are eye-witness to the occurrence. He further submits that the mother of the victim is said to have seen the petitioner with a stick and running away from the place of occurrence and as per the First Information Report, the sister of the informant was assaulted by the petitioner on 31st October, 2025 and she ultimately died on 05th November, 2025. 4. The learned counsel for the petitioner also submits that there is no allegation of any bullet injury or any firing in the First Information Report. However, the post-mortem report reveals that the victim died out of bullet injury. The learned counsel submits that the petitioner has been falsely implicated in this case. 2026:JHHC:9899 2 5. Learned counsel for the opposite party- State, on the other hand, has opposed the prayer for bail. However, it is not in dispute that the victim died on account of bullet injury. 6. After hearing the learned counsel for the parties and considering the aforesaid submissions and the fact that there has been no recovery of any firearm from the possession of the petitioner coupled with the fact that there is no eye-witness to the alleged occurrence, the petitioner is directed to be released 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 Additional Chief Judicial Magistrate, Latehar in connection with Chandwa P.S. Case No. 242 of 2025, 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. 7. The instant application is allowed with the aforesaid conditions. 8. Let a copy of this order be communicated to the learned court concerned through “FAX/email”. (Anubha Rawat Choudhary, J.) Date of Order:07.04.2026 Pankaj Date of Uploading:08.04.2026