Somra Rahariya Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

Somra Rahariya Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Session Judge, Sahibganj, in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023; subject to appearance before the trial court on each and every date, abstention from threatening witnesses and co-operation in trial, with liberty to the learned trial court to cancel bail upon any adverse report.

Issue for consideration

Whether the petitioner is entitled to regular bail in S.T. Case No. 212/2023 (arising out of Borio (J) P.S. Case No. 11/2023; offences under Sections 452, 302 IPC), given that he is in custody for more than two years, only one of eight charge-sheeted witnesses has been examined, and the examined witness has not supported the prosecution.

Court's answer

Having regard to the facts that only one charge-sheeted witness has been examined (that witness not supporting the case) and that the petitioner is in custody for more than two years, the petitioner is entitled for bail and the Court is inclined to enlarge this petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of the learned Session Judge, Sahibganj, in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023.

Key takeaways

Bail is conditional: the petitioner shall appear on each and every date before the learned trial court, shall not threaten any witnesses and shall co-operate in trial; if any adverse report comes against the petitioner, the learned trial court shall be at liberty to cancel his bail.ratio¶16

Detailed headnote1 paragraphs

BAIL — regular bail granted. Offences under Sections 452, 302 IPC; S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023, pending before the learned Session Judge, Sahibganj. Grounds relied on by the Court: petitioner in custody for more than two years; of eight charge-sheeted witnesses only one examined, and that witness did not support the case (trial progress per the impugned order; early conclusion unlikely, per counsel). Petitioner enlarged on bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each; conditions — appearance on each and every date, no threatening of witnesses, co-operation in trial; trial court at liberty to cancel bail on any adverse report. (Deepak Roshan, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1399 of 2025

Somra Pahariya, aged about 35 years, S/O- Late Chhota Madhu Pahariya @ Chota Madhu Pahadiya, R/O- Shergarh Pahar, P.O+ P.S.- Jirwabari, District- Sahibganj ....Petitioner

Versus

The State of Jharkhand ....Opp. Party

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

--------For the Petitioner : Mr. Pratiush Lala, Adv. Mr. Deepak Sahu, Adv. For the Opp. Party : Mr. Santosh Kumar Shukla, A.P.P. ---------

02/Dated:-07.03.2025

Heard learned counsel for the petitioner and learned APP.

2. The instant bail application has been preferred by the petitioner for grant of regular bail for the offences registered under Sections 452, 302 of the I.P.C., in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023, presently pending in the Court of learned Session Judge, Sahibganj.

3. Learned counsel for the petitioner submits that out of eight charge-sheeted witnesses, only one has been examined till date which is evident from the impugned order, as such there is no chance of early conclusion of trial.

He further submits that the petitioner is in custody for more than two years and even the witness who has been examined has not supported the case of the prosecution.

4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Having regard to the aforesaid facts and circumstances of the case, that only one charge-sheeted witness has been examined and has not supported the case of the petitioner

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coupled with the fact that the petitioner is in custody for more than two years, he is entitled for bail, and therefore I am inclined to enlarge this petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Session Judge, Sahibganj, in connection with S.T. Case No. 212/2023 arising out of Borio (J) P.S. Case No. 11/2023.

6. It is made clear that the petitioner shall appear on each and every date before the learned trial court and he shall not threaten any witnesses and shall co-operate in trial and if any adverse report will come against this petitioner, learned trial court shall be at liberty to cancel the bail of this petitioner.

(Deepak Roshan, J.)

Vedanti/-

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