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2026 DAILYLAW 7683 (JHR)

SUNIL MAHTO v. THE STATE OF JHARKHAND

B.A./3504/2026 · 2026-04-28

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:12458 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3504 of 2026 ------ Sunil Mahto, aged about 20 years, S/o Rameshwar Mahto, R/o Latra, P.O. & P.S.-Kamdara, District-Gumla (Jharkhand). .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. K.S. Nanda, Advocate For the State : Mr. Bishambhar Shastri, Addl.P.P ------ Order No.02 Dated- 28-04-2026 Heard the parties. The petitioner has moved this Court for grant of bail in connection with Kamdara P.S. Case No.01 of 2026 registered for the offences punishable under Sections 191(2), 191(3), 126(2), 117(2), 351(2), 352, 333, 118(2), 109, 3(5) of the BNS, 2023. The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of an unlawful assembly and in prosecution of the common object of the assembly committed murder of Bhowka Mahto and attempted to murder Lala Devi & Bajrang Mahto. It is next submitted that the allegations against the petitioner are all false. It is then submitted that for the self-same occurrence, from the side of the petitioner, the brother of the petitioner has also lodged Kamdara P.S. Case No.02 of 2026. It is also submitted that there was a free fight between the parties. It is further submitted that the petitioners had no intention to kill anybody. It is next submitted that the petitioner also sustained injuries in the alleged occurrence and the petitioner acted in self-defence. It is then submitted that the deceased Bhowka Mahto died after a considerable period of time after the alleged occurrence; during the course of his treatment at RIMS, Ranchi. It is also 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/victim or the witnesses of the case in any manner during the trial of the case. It is further submitted that the petitioner has no criminal antecedent as has been mentioned in para-11 of this bail application. It is lastly submitted that the petitioner has been in custody since 21.01.2026 as is evident from para-01 of this bail application. Hence, it is submitted that the petitioner be admitted to bail. The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, 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 learned Additional Chief Judicial Magistrate, Gumla in connection with Kamdara P.S. Case No.01 of 2026 with the condition that the petitioner will co- operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. (Anil Kumar Choudhary, J.) 28/04/2026 Abhiraj/