Nandlal Thakur Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

Nandlal Thakur Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to both petitioners on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Godda in connection with Poraiyahat P.S. Case No. 112 of 2023, subject to conditions of trial-date attendance, abstention from offences, and non-tampering with prosecution evidences / non-influencing of prosecution witnesses.

Issue for consideration

Whether petitioners Nandlal Thakur and Rajesh Thakur, accused under Sections 302 & 201/34 IPC in Poraiyahat P.S. Case No. 112 of 2023 pending before learned S.D.J.M., Godda, may be released on bail.

Ratio / Principle

Taking into account the facts and circumstances of the case, the nature of allegation, the materials available against the petitioners and their period of custody, this Court was inclined to release the petitioners on bail.

Key takeaways

Both petitioners are directed to be released on bail upon furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Godda, in connection with Poraiyahat P.S. Case No. 112 of 2023.ratio¶¶13
The release is subject to three conditions: (1) petitioners shall remain physically present on each and every date till conclusion of trial unless prevented by sufficient cause; (2) petitioners shall not indulge in any or other similar offence till conclusion of trial; and (3) petitioners shall not indulge in tampering with prosecution evidences or influencing prosecution witnesses.ratio¶¶14

Detailed headnote1 paragraphs

Bail granted — High Court of Jharkhand at Ranchi, B.A. No. 2027 of 2024, Order No. 07 dated 06.08.2024, Justice Pradeep Kumar Srivastava. Petitioners Nandlal Thakur and Rajesh Thakur, accused under Sections 302 & 201/34 IPC in Poraiyahat P.S. Case No. 112 of 2023 (pending before S.D.J.M., Godda) concerning the alleged murder of the informant's husband, whose body was found near Chhota Nadi at Dumri Tola on 09.06.2023 with suspicion arising from previous enmity, were held in judicial custody since 30.06.2023 and 14.07.2023 respectively. Counsel pleaded false implication on mere suspicion, absence of eye-witnesses, and parity with co-accused already granted regular bail by the Co-ordinate Bench in B.A. Nos. 10027/2023 and 9499/2023 (orders dated 13.12.2023 and 06.02.2024); the Addl. P.P. opposed the prayer but conceded that the petitioners stand on similar footing with those co-accused. Considering the nature of allegation, available materials and period of custody, the Court released the petitioners on a bail bond of Rs. 20,000 with two sureties of like amount each, subject to: (i) physical presence on every trial date; (ii) commission of no similar offence; and (iii) no tampering with prosecution evidences or influencing of prosecution witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.2027 of 2024

Nandlal Thakur 2. Rajesh Thakur … Petitioners Versus The State of Jharkhand … Opposite Party

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Mr. Akhouri Awinash Kumar, Adv. For the State : Mr. Arup Kr. Dey, Addl. P.P.

Order No.07/Dated- 06.08.2024

Heard learned counsel for the parties.

The petitioners have been made an accused in connection with Poraiyahat P.S. Case No. 112 of 2023 registered for the offences under Sections 302 & 201/34 of the Indian Penal Code, pending in the Court of learned S.D.J.M., Godda.

As per FIR, it is alleged that on 09.06.2023, the husband of the informant Shyam Sundar Thakur had gone to Godda to sell milk. Thereafter, he went missing. The informant party started searching him and in the evening, it transpired that his dead body was lying near Chhota Nadi at Dumri Tola. Suspicion has been raised against named accused persons that they might have committed the murder of the deceased due to previous enmity.

Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case only on the basis of suspicion. It is further submitted that there is no eye witness to the alleged occurrence. It is submitted that co-accused persons with similar allegation have already been extended privilege of regular bail by the Co-ordinate Bench of this Court passed in B.A. Nos. 10027 of 2023 and 9499 of 2023 vide orders dated 13.12.2023 and 06.02.2024. The petitioner No.1 is languishing in Judicial Custody since 30.06.2023 and petitioner No.2 since 14.07.2023 without any rhymes and reasons. Petitioners undertake to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the

prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioners may be extended the privilege of bail.

On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioners but so far the matter of parity is concerned, it is admitted that the case of present petitioners stands on similar footing with the co-accused persons who have been granted regular bail in this case.

Considering the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioners and period of custody of the petitioners, I am inclined to release the petitioners on bail. Accordingly, the petitioners named above are directed to be released on bail on furnishing of bail bond of Rs.20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Godda in connection with Poraiyahat P.S. Case No. 112 of 2023 subject to the conditions:-

(1) Petitioners shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

(2) Petitioners shall not indulge in any or other similar offence till the conclusion of the trial.

(3) Petitioners shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

(Pradeep Kumar Srivastava, J.)

Sachin