Binay Kumar Alias Binay Kumar Saw Vs the… — Murder and Culpable Homicide | Jharkhand HC (2024)

Binay Kumar Alias Binay Kumar Saw Vs the… — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Ranchi, in connection with Bariatu P.S. Case No. 257 of 2023, subject to conditions of physical appearance on each and every trial date unless dispensed with for sufficient cause, and of not tampering with prosecution evidence or influencing or gaining over witnesses.

Issue for consideration

Whether the petitioner, made accused in Bariatu P.S. Case No. 257 of 2023 (Ss.302 & 34 IPC; Ss.25(1-B)a & 27 Arms Act), should be enlarged on bail.

Ratio / Principle

Court inclined to release the petitioner on bail, considering the facts and circumstances of the case, the nature of allegation against him, the materials available on record and his period of custody.

Key takeaways

Petitioner directed to be released on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned JM, 1st Class, Ranchi, in connection with Bariatu P.S. Case No. 257 of 2023.ratio¶¶14
Bail condition: petitioner shall appear physically on each and every date during the trial till its conclusion, unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court.ratio¶¶14

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, B.A. No.4611 of 2024 (Order No.04 dated 20.06.2024, Pradeep Kumar Srivastava, J.) — Binay Kumar @ Binay Kumar Saw @ Binay Saw v. The State of Jharkhand: bail granted to the petitioner, accused in Bariatu P.S. Case No. 257 of 2023 registered under sections 302 and 34 IPC and Sections 25(1-B)a and 27 Arms Act, arising out of a fatal firing of 11.05.2023 attributed to accused Ashok and Dharmendra Gupta said to have acted in criminal conspiracy with the petitioner over previous business enmity. Per counsel, the petitioner was not named in the FIR, there was no eye witness, and his name surfaced only through the confessional statement of co-accused Vijay Oraon, who, along with co-accused Vikash Mahto facing similar allegations, had already been granted bail by the Co-ordinate Bench on 25.01.2024 (B.A. Nos.11931 and 11943 of 2023); petitioner in custody since 25.01.2024. Considering the nature of allegation, materials on record and period of custody, the Court released him on bail on a bond of Rs.20,000/- with two like sureties before learned JM, 1st Class, Ranchi, conditioned on physical presence at every trial date unless excused for sufficient cause, and on abstaining from tampering with prosecution evidence or influencing or gaining over witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4611 of 2024

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Binay Kumar @ Binay Kumar Saw @ Binay Saw .... .... …. Petitioner

Versus

The State of Jharkhand .... .... ....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Shailesh Poddar, Advocate For the State : Mr. Sanjay Kumar Srivastava, Addl.P.P

Order No.04 Dated- 20.06.2024

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Bariatu P.S. Case No. 257 of 2023 registered under sections 302 and 34 of Indian Penal Code and Sections 25(1-B)a and 27 of Arms Act.

On 11.05.2023 at about 9:45 o’clock, the informant received information about fire shot to his brother and his staff namely Rohan and the informant found their body lying away 100-150 members from his house. Due to previous enmity regarding business, accused Ashok and Dharmendra Gupta committed murder of his brother hatching criminal conspiracy with the present petitioner.

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 on confessional statement of co-accused Vijay Oraon. Petitioner is not named in the FIR and there is no eye witness of this incident. Co-accused Vijay Oraon on whose confessional statement, the name of petitioner has surfaced in this case has been granted regular bail by the Co-ordinate Bench of this Court vide order dated 25.01.2024 passed in B.A. No.11931 of 2023 and other co-accused Vikash Mahto with similar allegation has already been granted bail by the Co-ordinate Bench of this Court vide order dated 25.01.2024 passed in B.A. No.11943 of 2023. 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. The petitioner

is languishing in judicial custody since 25.01.2024 without any rhymes and reasons. Hence the petitioner may be enlarged on bail. 5. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. Hence, the petitioner may not be enlarged on bail. 6. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named 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 JM, 1^st Class, Ranchi in connection with Bariatu P.S. Case No. 257 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(Pradeep Kumar Srivastava, J.)

Pappu/