Allowed

Santosh Kumar v. the State of Jharkhand

Jharkhand HC2 Aug 2024B.A./2185/2024

Case brief

AI extract

What is this about?

The Court allowed the bail application of the petitioner charged under Section 302/34 IPC. The Court noted the absence of eye-witnesses and that the petitioner’s role was identical to that of a co-accused who had already been granted bail. Bail was granted with a bond of Rs. 25,000 and two sureties.

What did the court decide?

Bail granted with a personal bond of Rs. 25,000 and two sureties of like amount.

Santosh Kumar Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 2185 of 2024

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Santosh Kumar aged about 24 years, son of Asarfi Sahu R/o Vikash Nagar Pundag, P.O. and P.S. Jagarnathpur (Pundag O.P.) District-Ranchi (Jharkhand) .... … Petitioner Versus

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The State of Jharkhand …. ... Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Suraj Kishore Prasad, Advocate For the State : Mrs. Mohua Palit, A.P.P.

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Order No. 08/ dated 02.08.2024

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Heard learned counsel for the applicant and the learned A.P.P. for the State.

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This bail application has been filed on behalf of the applicant- Santosh Kumar with the prayer to release on bail in connection with Chutia P.S. Case No. 109 of 2023 (S.T. Case No. 674 of 2023), registered under Section 302/34 of the Indian Penal Code, pending in the Court of the Additional Judicial Commissioner-I at Ranchi.

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As per allegations made in the F.I.R. the informant Police Officer while on patrolling duty on 12.06.2023 at 2:40 in night he received the phone call from one mobile phone of shop-keeper Ratnesh Yadav who had told that at the Govt. Bus stand one person had been stabbed and was lying in injured condition. He immediately reached to the indicated place after having informed his higher officer and found there a person in injured condition who was taken to Gurunanak Hospital with the help of the persons of locality. It was told by

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the two witness Manoj Kumar and Ratnesh Yadav both shop-keepers that two persons had come by one motorcycle BR24R-4331 at the Bus stand and were eating something at the shop. The injured person was also eating at the very shop. During course of eating, some altercation took place between the two. In the meantime, the those two persons who had come by the motorcycle gave the blow with the knife to that injured person who sustained serious injury and thereafter both fled away. Later on, that injured person was identified as Rohit Kumar Jha who subsequently died during treatment. At the place of occurrence, the motorcycle and the slipper were also recovered.

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As per allegations made in the F.I.R. the two unknown persons had come by the motorcycle who had inflicted injury with the knife to the deceased. The name of present petitioner transpired in statement of Sonu Pandey who had stated that the said motorcycle BR24R-4331 belong to him and it was taken from him by one Santosh Kumar, the petitioner herein, who subsequently accompanied his friend Kundan Singh and both were missing from the very date. The witness Sonu Pandey had also identified them in C.C.T.V. footage.

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There is no eye-witness to the occurrence. Except the statement of Sonu Pandey there is nothing to corroborate the prosecution story. Similarly situated co-accused Kundan Kumar has been granted bail in B.A.No. 2184 of 2024 vide

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order dated 22.07.2024 and admittedly the role of present petitioner is identical to that of co-accused Kundan Kumar.

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Accordingly, the bail petition of the petitioner is allowed. Let the applicant 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 court concerned in the aforesaid case.

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(Subhash Chand, J.)

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P.K.S

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Santosh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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