Binod Kumar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 472 of 2024

Binod Kumar ----Petitioner Versus The State of Jharkhand ----Opp. Party With B.A No. 2845 of 2024 Chhotu Khalkho ----Petitioner Versus The State of Jharkhand ----Opp. Party --CORAM: Hon’ble Mr. Justice Ambuj Nath ---

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For the Petitioners: Mr. Mohit Prakash, Advocate [B.A 472/24] Mr. Ram Naresh Singh, Advocate [B.A 2845/24] For the O.P-State: Ms. Mohua Palit, A.P.P. [B.A 472/24] Mrs. Lily Sahay, A.P.P [B.A 2845/24]

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08 / 08.05.2024 Both these bail applications arise out of the same police case. Accordingly, they are being disposed of by this common order.

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Heard the parties.

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Petitioners have been made accused in connection with Nagri P.S. Case No. 134 of 2023 for the offences registered under sections 147, 148, 149, 341, 342, 427 and 436 of the Indian Penal Code, pending in the court of Miss Samer Afsan, learned Judicial Magistrate, 1^st Class, Ranchi.

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On 26.07.2023 at about 7.00 p.m., Subhash Munda was shot dead by unknown persons. Later at about 8.30 p.m., mob of about 100-200 persons started vandalizing the shops at Daladali Chowk. Mob also resorted to damaging passing vehicles. It is alleged that the liquor shop of the Informant was set ablaze by the rampant mob, due to which Rs, 1,52,300/- kept in the cash chest was burnt. It is further alleged that the liquor worth Rs. 54,68,020 kept in the shop was also destroyed.

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Mr. Mohit Prakash, learned counsel appearing for the petitioner Binod Kumar and Mr. Ram Naresh Singh, learned counsel appearing for the petitioner Chhotu Khalkho, submitted that the FIR was registered against unknown persons. It was further submitted that there is no specific allegation against the petitioners that they had set the liquor shop of the Informant on fire, rather there is specific allegation against the co-accused Pradeep Uraon that he had set the shop of the Informant on fire. It was further submitted that for the same occurrence, two cases were registered, one being Nagri P.S. Case No. 134 of 2023, in which owner of the liquor shop namely, Satyendra Kumar Rajak is the

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Informant, while another case being Nagri P.S. Case No. 135 of 2023 has been instituted in which Santosh Kumar Shukla, Circle Officer, Nagri is the Informant.

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Case diary earlier called for, has been received, from perusal of which, it appears that after the death of Subhash Munda, mob of about 100-200 persons started vandalizing the shops at Daladali Chowk and they also damaged the passing vehicles. Statement of the witness Anil Bhagat has been recorded at para-21 of the case diary. He has spelt out the name of the petitioners Binod Kumar and Chhotu Khalkho along with other accused persons, stating that they came with the mob to the liquor shop of the Informant and started vandalizing it. He has specifically stated that Pradeep Uraon set the liquor shop of the Informant on fire. Witness Anil Bhagat at para-63 of the case diary had made similar statement. Other witnesses had also identified both these petitioners as the members of mob who had vandalized the liquor shop of the Informant and co-accused Pradeep Uraon had set it on fire. It further appears that both these petitioners were later on made accused for the murder of Subhash Munda. In order to divert the attention from themselves, they had staged managed the entire occurrence and vandalized the liquor shop of the Informant causing loss of Rs. 54.00 lakh.

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Considering the gravity of the offence, I am not inclined to release the petitioners on bail. Accordingly, their prayer for bail stands rejected, at this stage.

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(Ambuj Nath, J)

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Binod Kumar v. the State of Jharkhand

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Binod Kumar v. the State of Jharkhand

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