Sahu Gagrai Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

Sahu Gagrai Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge –I, West Singhbhum, Chaibasa, subject to appearing on each and every date of hearing till conclusion of trial; on absence, Trial Court at liberty to cancel bail and take him in custody till conclusion of trial.

Issue for consideration

Whether the petitioner's prayer for bail (earlier declined in B.A. No. 6415 of 2024) should be reconsidered and granted, in view of his judicial custody since 20.06.2022 and the trial remaining unconcluded.

Court's answer

Considering the material available on record, the fact that the petitioner is in judicial custody since 20.06.2022 and that the trial has not been concluded till date, the petitioner's case is made out for reconsideration of his prayer for bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to the condition that he appear on each and every date of hearing till conclusion of the trial, failing which the Trial Court may exercise its discretion to cancel the bail and take him into custody.

Detailed headnote1 paragraphs

Bail granted on reconsideration — Sahu Gagrai v. The State of Jharkhand, B.A. No. 3371 of 2025 (High Court of Jharkhand at Ranchi, Arun Kumar Rai, J.), order dated 15th July, 2025: Petitioner, accused in Toklo P.S. Case No. 09/2022 for offences under Section 302/34 IPC pending before learned Additional Sessions Judge –I, West Singhbhum, Chaibasa, had his earlier bail prayer declined in B.A. No. 6415 of 2024, wherein the Court had observed the trial should conclude by end of 2024; the trial nonetheless remained undisposed in July 2025 while the petitioner stayed in judicial custody since 20.06.2022 (almost more than 3 years). Holding that, considering the material on record, the prolonged custody and the non-conclusion of the trial, the case was made out for reconsideration, the Court directed release on bail bonds of Rs. 25,000/- (two sureties of the like amount each), conditioned on appearance on each and every hearing date till trial conclusion, with liberty to the Trial Court to cancel bail and take the petitioner in custody on absence.

2025:JHHC:19180

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 3371 of 2025

Sahu Gagrai, aged about 33 years, Son of Modu Gagrai, Resident of Village- Toyra, Tola: Gomasai, P.O. & P.S.- Toklo, District- West Singhbhum … Petitioner

Versus

The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

------- For the Petitioner : Mr. Deepak Kumar, Advocate For the State : Mr. V.S. Sahay, A.P.P. ---------

Order No.04/ Dated 15^th July, 2025

1. Petitioner has been made accused in connection with Toklo P.S. Case No. 09/2022, for the offences registered under Section 302/ 34 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge –I, West Singhbhum, Chaibasa.

2. At the outset, submission has been made on behalf of the petitioner/accused that on earlier occasion, his prayer for bail has been declined by this Court in B.A. No. 6415 of 2024, however, in that order, Court had made an observation regarding conclusion of trial by end of the year 2024 and now, we are in the month of July 2025, still the matter has not been disposed of.

3. Learned counsel further pointed out that except confession, there is no iota of material has come on record during recording of the evidence before the Trial Court. He further pointed out that the petitioner is in judicial custody since 20.06.2022, for almost more than 3 years.

4. Upon aforesaid premise, prayer has been made to reconsider the grant of bail.

5. Learned A.P.P. for the State submitted that the matter is at the verge of its conclusion, therefore, bail should be rejected.

2025:JHHC:19180

6. Status Report called for, from learned Trial Court, reveals that case is likely to be disposed of by 19.07.2025, but learned counsel for the petitioner submitted that the case is still fixed for argument.

7. Considering the material available on record and also the fact that the petitioner is in judicial custody since 20.06.2022 and till the date, trial has not been concluded, the case of the petitioner is made out for reconsideration of his prayer for bail.

8. In the aforesaid facts and circumstances of the case, the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge –I, West Singhbhum, Chaibasa in connection with Toklo P.S. Case No. 09/2022, subject to the condition that petitioner shall appear on each and every date of hearing before learned Trial Court till its conclusion, otherwise in case of absence of petitioner, learned Trial Court is at liberty to exercise its discretion to cancel the bail and take the petitioner in custody till the conclusion of trial.

(Arun Kumar Rai, J.)

Suman/-