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2026 DAILYLAW 4511 (JHR)

PHOOL MOHAMMAD v. STATE OF JHARKHAND

B.A./2449/2026 · 2026-03-25

Sujit Narayan Prasad

body2026

Judgment text

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2026:JHHC:8563 Page | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2449 of 2026 --------- Phool Mohammad, aged about 34 years, Sex-Male, S/o- Juma Miya, R/O Jalaha Sangrampur, P.O. + P.S. Snngrampur, Dist-East Champaran, Bihar-845434 … … Petitioner Versus The State of Jharkhand. … … Opp. Party --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ---------- For the Petitioner : Mrs. Savita Kumari, Advocate For the Opp. Party : Mr. Sunil Kumar Dubey, APP ---------- 02/Dated: 25th March, 2026 1. The instant application has been filed under Sections 483 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Ratu P.S. Case No. 239 of 2024 registered under Sections 334/303(1)/324/(1)/3(5) of the BNS, pending in the court of learned Judicial Magistrate, 1st Class, Ranchi. 2. Learned counsel for the petitioner has submitted that the petitioner has been implicated in this case on the basis of confessional statement made by co-accused and subsequently the confession made by him in the present case before the police. 3. Further submission has been made that he is in custody since 18.11.2024. 4. It has been submitted that the other co-accused person, namely, Om Prakash Kumar has already been granted 2026:JHHC:8563 Page | 2 bail by the co-ordinate Bench of this Court in B.A. No. 9879 of 2025 vide order dated 16.12.2025 and the case of the present petitioner falls on better footing. 5. Therefore, claiming the ground of parity, submission has been made that the present petitioner may also be enlarged on bail. 6. Learned Additional Public Prosecutor appearing for the opposite party-State although has seriously opposed the prayer for grant of bail but he has not disputed the fact of grant of bail in favour of the co-accused person. 7. This Court has heard the learned counsel for the parties. 8. This Court has taken into consideration the fact that the other co-accused person, namely, Om Prakash Kumar has already been granted bail by the co-ordinate Bench of this Court in B.A. No. 9879 of 2025 vide order dated 16.12.2025, which has not been disputed by learned APP appearing for the State and the petitioner is jail custody since 18.11.2024, as such, considering the issue of parity, this Court is of the view that the present application deserves to be allowed. 9. Accordingly, the instant bail application stands allowed. 10. In consequence thereof, the petitioner named above, 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 the learned 2026:JHHC:8563 Page | 3 Judicial Magistrate, 1st Class, Ranchi in connection with Ratu P.S. Case No. 239 of 2024 with the condition that the petitioner shall co-operate in the trial and shall not absent himself on the date fixed without any cogent cause. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that the trial be not hindered. (Sujit Narayan Prasad, J.) 25th March, 2026 Alankar/-