Pankaj Mahtha Alias Pankaj Kumar Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1122 of 2024

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Pankaj Mahtha @ Pankaj Kumar .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Sudhansu Kumar Deo, Advocate For the State : Mr. Azeemuddin, Addl.P.P For the Informant : Mr. Arvind Kr. Choudhary, Advocate

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Order No.06 Dated- 08.07.2024

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Heard learned counsel for the parties.

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The petitioner has been made accused in connection with Deoghar Town P.S. Case No. 568 of 2023 registered under sections 302, 325, 341, 379 r/w 34 of Indian Penal Code.

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As per FIR, allegation is that on 05.10.2023 at about 9:00 A.M., the informant’s son named Najo Mahtha left his house saying that he was going outside to meet his friends including present petitioner. At about 6:15 AM, the informant received information about lying her son unconscious in boundary wall campus near Railway Track at Nandan Pahar. Upon information, the informant reached there and her son told that present petitioner along with 2-3 other friends have brutally assaulted on his head and other parts of body by means of fists and slaps with intention to kill him and snatched away his mobile phone and Rs.10,000/- cash from his pocket. The informant’s son was taken to Sadar Hospital, Deoghar where her son died during treatment.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with mala-fide intention of the informant. No incriminating articles have been recovered from conscious possession of the petitioner. There is an inordinate delay of 5 days in lodging the FIR for which no reasonable explanation has been offered by the informant. There was no dying declaration of the deceased either before the police or any doctor rather the dying declaration was made by the deceased

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before the informant, which has no evidentiary value in the eyes of law. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 20.10.2023 without any rhymes and reasons. Hence the petitioner may be enlarged on bail.

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Learned Addl. P.P. assisted by learned counsel for the informant has opposed the prayer for bail of the petitioner and submitted that there is direct and specific allegation against the petitioner that the petitioner along with his other associates assaulted the informant’s son brutally by means of fists and slaps and caused internal injuries due to which he died during treatment in Sadar Hospital, Deoghar. Hence, the petitioner may not be enlarged on bail.

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Considering the facts and circumstances of this case and also in view of the gravity of offence and severity of punishment as well as materials showing the direct involvement of petitioner in commission of murder of the deceased, I am not inclined to release the petitioner on bail at present. Accordingly, the prayer for regular bail of petitioner is rejected.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Pankaj Mahtha Alias Pankaj Kumar v. the State of Jharkhand

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Pankaj Mahtha Alias Pankaj Kumar v. the State of Jharkhand

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