Budhu Munda Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

Budhu Munda Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-VIII, Ranchi in connection with S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023, subject to attendance on every trial date, abstention from similar offences, and no tampering with prosecution evidences or influencing of prosecution witnesses.

Issue for consideration

Whether petitioner Budhu Munda, an accused in a section 302 IPC murder case (S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023) who is in judicial custody since 08.09.2023, should be enlarged on bail.

Court's answer

Regard being had to the facts and circumstances, nature of allegation and materials available against the petitioner, the Court was inclined to release him on bail and directed his release on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-VIII, Ranchi, in connection with S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023.

Ratio / Principle

Bail granted subject to conditions: petitioner shall remain physically present on each and every date till conclusion of the trial unless prevented by sufficient cause; shall not indulge in any or other similar offence till conclusion of the trial; and shall not tamper with prosecution evidences or influence prosecution witnesses; in case of violation, the bail shall be cancelled and the petitioner taken into custody by the learned trial court itself.

Detailed headnote1 paragraphs

Bail application (B.A. No. 2559 of 2024, decided 06.08.2024) by Budhu Munda, accused of murder (section 302 IPC) in S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023 (alleged murder of Lal Singh Munda on 15.07.2023), pending before Additional Judicial Commissioner-VIII, Ranchi; petitioner in judicial custody since 08.09.2023; counsel noted co-accused Sukhram Munda @ Sundar had obtained bail in B.A No. 4080 of 2024 (order dated 05.07.2024). Justice Pradeep Kumar Srivastava, considering the facts, nature of allegation and materials available, granted bail on a bond of Rs. 20,000/- with two like sureties, imposing conditions of attendance on every trial date, abstention from similar offences, and no tampering with prosecution evidence or influencing of witnesses; breach entails cancellation of bail and custody by the trial court.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2559 of 2024

Budhu Munda …… Petitioner

Versus

The State of Jharkhand ……Opposite party

----------

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----

For the Petitioner : Mr. Birendra Kumar, Advocate For the State : Mr. Vijoy Kumar Sinha, A.P.P

Order No.03/ Dated:06.08.2024

Heard learned counsel for the parties.

The petitioner has been made an accused in connection with S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023 for the offences registered under section 302 of the Indian Penal Code, pending in the court of learned Additional Judicial Commissioner-VIII, Ranchi.

As per FIR allegation is that on 15.07.2023, uncle of the Informant namely Lal Singh Munda was murdered and his dead body was recovered from the road connecting Dimina Beda Gaon and Gamari Gaon.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the FIR. It is further submitted that other Co-accused, namely, Sukhram Munda @ Sundar has been granted regular bail by the Co-ordinate Bench of this Court in B.A No. 4080 of 2024 vide order dated 05.07.2024. The petitioner is languishing in Judicial custody since 08.09.2023 without any rhymes and reasons. Petitioner undertakes to co-operate 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 petitioner may be enlarged on bail.

Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.

Regard being had to the facts and circumstances of the case and nature of allegation coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-VIII, Ranchi in connection with S.T. No. 06 of 2024 arising out of Tamar P.S. Case No. 67 of 2023 subject to the conditions:-

(1) Petitioner 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) Petitioner shall not indulge in any or other similar offence

till the conclusion of the trial.

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

In case of violation of the aforesaid condition the bail of the petitioner shall be cancelled and shall be taken into custody by the learned trial court itself.

(Pradeep Kumar Srivastava, J.)

R.K/