Partly allowed

Jitendra Vishwakarma v. the State of Jharkhand

Jharkhand HC9 Dec 2024B.A./4936/2024

Case brief

AI extract

What is this about?

Bail applications in a gold trader's murder case under Sections 302/307/120-B/34 IPC and Arms Act. Bail granted to Shivpujan Singh; rejected for Jitendra Vishwakarma as the murder weapon was recovered on his confession. Common order disposing both applications.

What did the court decide?

Shivpujan Singh released on bail on furnishing bond of Rs. 20,000 with two like sureties; bail prayer of Jitendra Vishwakarma rejected.

Jitendra Vishwakarma Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 4934 of 2024

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Shivpujan Singh @ Motka, aged 30 years, son of Sudama Singh, resident of Hariyar Khurd, P.O. and P.S. Dhurki, District- Garhwa … … Petitioner

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Versus -

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The State of Jharkhand ... … Opposite Party

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WITH

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B.A. No. 4936 of 2024

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Jitendra Vishwakarma, aged 25 years, son of Basant Vishwakarma, resident of Village- Bandiha, P.O. and P.S. Bandiha, District- Garhwa … … Petitioner - Versus -

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The State of Jharkhand ... … Opposite Party

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioners : M/s. Nilesh Kumar, Advocate For the State : M/s. N. K. Gaunjhu, A.P.P : M/s. Nawin Kr. Singh, A.P.P For the Informant : M/s. Vishal Kumar Tiwary, Advocate

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10/09.12.2024 Heard the Parties.

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Both these bail applications arise out of same police case. Accordingly, they are being disposed of by a common order.

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Petitioners have been made an accused in connection with S.T. No. 36/2024, arising out of Balumath P.S. Case No. 109/2023, Corresponding to G. R. Case No. 707/2023, registered under Sections 302/ 307/ 120-B/34 of the Indian Penal Code, Sections 25(1-AB)/ 27 of the Arms Act, pending in the Court of learned Additional Sessions Judge-III, Latehar.

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On 12.08.2023, husband of the informant Rajendra Prasad Sahu who was a gold trader was murdered by unknown persons near Central Academy Balumath.

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During the course of investigation, four persons, including these petitioners were apprehended. It appears that on the

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confession of both these accused persons, three revolver were seized. It further appears that the revolver which was seized on the basis of confession of Jitendra Vishwakarma was found to be one used in committing murder of the deceased as per the F.S.L. report.

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Learned lawyer for the petitioners submitted that the similarly situated co-accused persons Kuldeep Ganjhu and Ashwini Kumar Singh has been granted bail by this Court.

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Learned lawyer for the informant has vehemently opposed the prayer for bail of the petitioners.

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Regard being had to the facts and circumstance of the case and considering the fact that the murder weapon was recovered on the basis of confession of the petitioner Jitendra Vishwakarma; I am not inclined to enlarge the petitioner Jitendra Vishwakarma on bail. Accordingly, his prayer for bail is hereby rejected

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As far as the petitioner Shivpujan Singh @ Motka is concerned, I am inclined to release him on bail Accordingly, petitioner Shivpujan Singh @ Motka, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Latehar in connection with S.T. No. 36/2024, arising out of Balumath P.S. Case No. 109/2023, Corresponding to G. R. Case No. 707/2023.

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(Ambuj Nath, J.)

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Saurabh

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Jitendra Vishwakarma v. the State of Jharkhand

Case brief

What is this about?

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Jitendra Vishwakarma v. the State of Jharkhand

Case brief

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