Allowed

Munna Adhikari v. the State of Jharkhand

Jharkhand HC4 Sept 2024B.A./5664/2024

Case brief

AI extract

What is this about?

Regular bail in a murder case arising from a fatal firing near Tara Kali Mandir; the petitioner was named only in a co-accused's confessional statement and parity with a bailed co-accused was conceded. Bail allowed on bond of Rs.30,000 with two sureties.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.30,000 with two sureties of like amount to the satisfaction of the court concerned.

Munna Adhikari 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. 5664 of 2024

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Munna Adhikari, aged about 24 years son of Babla Adhikari, resident of H. No. 53, Hume Pipe Road, Bhuniyadih, P.O.+P.S.- Sitaramdera, District-East Singhbhum … 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. Rohit Agarwal, Advocate For the State : Mr. Saket Kumar, A.P.P.

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Order No. 06/ dated 04.09.2024

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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-Munna Adhikari with the prayer to release on bail in connection with Sitaramdera P.S. Case No. 09 of 2024, registered under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of the learned Judicial Magistrate-1^st Class, Jamshedpur.

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The F.I.R. of this case was lodged against the unknown persons with these allegations that on 01.02.2024 at 05:30 the informant along with his friends Taklu Lohar, Suraj Kumar Sahu and Ajay Rai had gone towards the Tara Kali Mandir by the car. Amid the way near Choudhary hotel in a garage the puncture of the car was also got done away and all the four were also standing nearby the car. All of a sudden, a black colour motorcycle came on which three persons were riding and one person who was sitting amid the two persons he shot

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to his friend Taklu Lohar. They also opened fire indiscriminately. In the meantime, while he was rescuing his friends, he also sustained firearm injury in his elbow. He also made effort to nab all the three assailants but all fled away from there. Taklu Lohar was rushed to the Hospital and was declared dead.

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During investigation the wife of Taklu Lohar was interrogated under Section 161 of Cr.P.C. and she stated that her husband had told her 15-20 days ago from the occurrence that in regard to Tinku Saw murder case Baban Rai, Dubraj Nag had criminally intimidated him and 2-3 days ago before the occurrence her husband had told that Baban Rai and Dubraj Nag in conspiracy with Masuk Manish, Domni Semsang and Saurabh Dalai were to commit murder of him. Further it was also told that Abhijeet Mandal @ Kandi, Bote, Golu, Gaurav Ram, Sameer Jaina all in conspiracy with Baban Rai, Dubraj Nag, Masuk Manish, Domni Semsang and Saurabh Dalai had committed the murder of her husband by opening fire. During investigation these accused persons were nabbed. Their confessional statements were recorded and on confessional statement of Sujal Bahadur @ Bote a country made pistol was also recovered. The name of present petitioner also transpired in confessional statement of Sujal Bahadur @ Bote. The T.I.P. was also conducted in which Abhijeet Mandal was identified. Against the present petitioner there is no

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evidence except the confessional statement of co-accused Sujal Bahadur. The co-accused Raghunath Manna @ Raghu has been granted bail in B.A.No. 5937 of 2024 vide order dated 30.08.2024.

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The parity of co-accused is admitted to the learned A.P.P. for the State except the criminal antecedent.

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In view of the above, the bail petition of the petitioner is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/(Rupees Thirty 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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Munna Adhikari v. the State of Jharkhand

Case brief

What is this about?

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Munna Adhikari v. the State of Jharkhand

Case brief

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