Md. Sakir, aged about 31 years, son of Late Md. Hakim, resident of Village v. …
Case Details
[2025:JHHC:37632-DB] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (DB) No. 1090 of 2025 --------- Md. Sakir, aged about 31 years, son of Late Md. Hakim, resident of Village – Mandalsai, P.O. and P.S. Chakradharpur, District-West Singhbhum. Versus … … Appellant The State of Jharkhand. … … Respondent --------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---------- For the Appellant For the Respondent : Mr. Jitendra Shankar Singh, Advocate Ms. Shabina Parween, Advocate : Mr. Pankaj Kumar, Public Prosecutor 05/Dated: 15th December, 2025 ----------- 1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 18.08.2025 passed by the learned Additional Sessions Judge-I, Sub- Divisional Court, Chakradharpur (Chaibasa), whereby and whereunder the regular bail of the appellant in connection with S.T.
Legal Reasoning
Case No. 217 of 2023 vide M.C.A. No. 1139 of 2025 arising out of Chakradharpur P.S. Case No. 131 of 2022 registered under Sections 302, 34 of IPC, Section 27 of the Arms Act and Section 3, 4 and 5 of the Explosive Substance Act and subsequently, Section 120B of the IPC and Sections 25(1-a), 25(1-b)(a), 26 and 35 of the Arms Act has been added vide order dated 05.01.2023, has been rejected. 2. The prosecution story in brief is required to be referred herein which is as under: As per the written report dated 14.11.2022 of the informant, namely, Uma Shankar Giri who is the elder brother of the deceased has alleged that on 12.11.2022 at about 05:45 p.m., his younger brother namely, Kamaldeo Giri, proceeded from his house with his friend Shankar Singh on motorcycle. Thereafter, at about 06:30 hours, Shankar Singh told his brother Fulandeo Giri through phone that near Bharat Bhawan Chowk, Kamaldeo Giri has been killed by exploding bomb and shooting. After hearing this, he reached at Railway Hospital via Bharat Bhawan Chowk. It is further alleged by 1 [2025:JHHC:37632-DB] the informant that after examination, the Doctor declared Kamaldeo Giri dead. Thereafter, he, along with his family members brought the dead body of his brother to his house. It is also alleged by the informant that he has no knowledge that who has killed his younger brother Kamaldeo Giri. On making query about this occurrence Shankar Singh said that he (Shankar Singh) and Kamaldeo Giri while proceeding from the house, first reached at Pandit Hata Shiv Mandir and from there, they went to Pawan Chowk and from Pawan Chowk, they, (Shankar Singh and Kamaldeo Giri) along with Rajesh Sharma and Dhiraj Thakur went to Railway Station and therefrom, after 10 minutes, both of them were coming to the house. In the meantime, attack was made on Kamaldeo Giri from back side and after making attack their motorcycle fallen down and after hearing the sound of bomb and bullets, he, (Shankar Singh) fled away. Thereafter, he (Shankar Singh) given information about the occurrence to Fulan Bhaiya by phone. On the basis of the aforesaid written report of the informant, FIR was instituted for the offence under Section 302/34 of the IPC, Section 27 of the Arms Act, Sections 3/4/5 of the Explosive Substance Act and later on, Section 120B of the IPC and Sections 25(1)(a)/25 (1B) (a), 26 and 35 of the Arms Act have been added. In course of investigation, the appellant has been apprehended and remanded in judicial custody. 3. Learned counsel for the appellant has submitted that on earlier occasion, the present appellant had moved before this Court by filing appeal being Cr. Appeal (DB) No. 1263 of 2023 but the same had been dismissed vide order dated 14.03.2024. Thereafter, the present appeal has been filed again renewing the prayer for bail.
Legal Reasoning
4. Mr. Jitendra Shankar Singh, learned counsel for the appellant has submitted that several other co-accused persons, namely, Hari Mahato @ Rohit Mahato; Abhisekh Kasera @ Abhishek Kumar Kasera; Md. Hasim; Zahid Hussain; Sahnawaj Khan @ Pali and; Md. Rakib have been directed to be released on bail vide orders dated 04.03.2025; 28.02.2025; 13.06.2024; 24.07.2025; 04.08.2025 and; 2 [2025:JHHC:37632-DB] 22.09.2025 passed in Cr. Appeal (DB) No. 1419 of 2024; Cr. Appeal (DB) No. 1172 of 2024; Cr. Appeal (DB) No. 72 of 2024; Cr. Appeal (DB) No. 723 of 2025; Cr. Appeal (DB) No. 731 of 2025 and; Cr. Appeal (DB) No. 1080 of 2025 respectively, against whom the allegation is serious in comparison to that of the present appellant. 5. It has been submitted that the name of the present appellant has come on the disclosure made by Zahid Hussain and Md. Rakib, co-accused persons, who have already been directed to be released on bail vide orders dated 24.07.2025 and 22.09.2025 passed in Cr. Appeal (DB) No. 723 of 2025 and Cr. A (D.B.) No. 1080 of 2025 respectively. 6. It has been contended that the case of the present appellant if is not on better footing, is at least on identical footing, therefore, the impugned order needs to be interfered with. 7. Mr. Pankaj Kumar, learned Public Prosecutor appearing for the respondent-State although has vehemently opposed the prayer for grant of bail of the present appellant, but he is fair enough to admit the fact that the co-accused persons, namely, Hari Mahato @ Rohit Mahato; Abhisekh Kasera @ Abhishek Kumar Kasera; Md. Hasim; Zahid Hussain and; Sahnawaj Khan @ Pali and also Md. Rakib have been directed to be released on bail. 8. This Court has heard the learned counsel for the parties and applying the principle of parity with the co-accused persons, namely, Hari Mahato @ Rohit Mahato; Abhisekh Kasera @ Abhishek Kumar Kasera; Md. Hasim; Zahid Hussain; Sahnawaj Khan @ Pali and; Md. Rakib who have been directed to be released on bail vide orders dated 04.03.2025; 28.02.2025; 13.06.2024; 24.07.2025; 04.08.2025 and; 22.09.2025 passed in Cr. Appeal (DB) No. 1419 of 2024; Cr. Appeal (DB) No. 1172 of 2024; Cr. Appeal (DB) No. 72 of 2024; Cr. Appeal (DB) No. 723 of 2025; Cr. Appeal (DB) No. 731 of 2025 and; Cr. Appeal (DB) No. 1080 of 2025 respectively and comparing the allegation as has been levelled against the present appellant from the FIR and the confessional statement so made by Zahid Hussain and Md. Rakib, based on which, the name of the present appellant has been disclosed as also the fact that the appellant has remained in 3 [2025:JHHC:37632-DB] custody for about three years, is of the view that the impugned order needs to be interfered with. 9. Accordingly, the order dated 18.08.2025 passed in M.C.A. No. 1139 of 2025 in connection with S.T. Case No. 217 of 2023 arising out of Chakradharpur P.S. Case No. 131 of 2022, is hereby quashed and set aside. 10. In view thereof, the instant appeal stands allowed. 11. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, West Singhbhum at Chakradharpur-Chaibasa in connection with Chakradharpur P.S. Case No. 131 of 2022 subject to the condition that the appellant will cooperate in the trial and shall appear on each and every date before the learned trial court, failing which, the learned trial court is at liberty to take appropriate course in accordance with law and; further subject to the condition that one of the bailors should be the close relative of the appellant, which is to be accompanied by affidavit justifying that such bailor is close the relative of the appellant. 12. It is left open upon the prosecuting agency that in case of any interference/hindrance by the present appellant in the trial, the prosecuting agency is at liberty to file application for cancellation of bail.
Decision
13. Accordingly, the instant appeal stands disposed of. 14. It is made clear that whatever observation has been made herein, will only restrict to the issue of bail having no effect on discharge of the trial. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) 15th December, 2025 Saurabh/- 4