Jharkhand High Court
Law Khush Paswan @ Law Kush Paswan vs The State Of Jharkhand ... Opposite ... on 16 June, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
( 2025:JHHC:15819 )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4189 of 2025
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1. Law Khush Paswan @ Law Kush Paswan, aged about 26 years, son of Radheshyam Paswan,
2. Babita Devi, aged about 50 years, wife of Radheshyam Paswan, both resident of Village -Ursula, P.O. & P.S. - Rehla, District -Palamau.
... Petitioners
Versus
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Jitendra Shankar Singh, Advocate : Mr. Randhir Kumar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P.
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Order No.02 Dated- 16.06.2025 Heard the parties.
The petitioners have moved this Court for grant of bail in connection with Rehla P.S. Case No.99 of 2024 registered for the offences punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 103(1), 352, 351(2) of the B.N.S., 2023.
The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were member of an unlawful assembly and in prosecution of common object of the assembly committed the murder of Yogendra Paswan. It is further submitted that the allegations against the petitioners are all false. It is next submitted by the learned counsel for the petitioners that the informant has not come up with the true story and drawing attention of this Court to annexure-2 which the F.I.R. lodged by the daughter of the main assailant in this F.I.R. namely Radheshyam Paswan, it is submitted that in fact, the father of the deceased came to the house of the petitioners demanding Rs.60,000/- for the death of the bullock allegedly because of the black magic done by the petitioner no.2. It is further submitted that even by going through the F.I.R of this case. it appears that there is specific allegation against Radheshyam Paswan of committing the murder of Yogendra Paswan. It is then submitted that the allegations against the petitioners are general and omnibus in nature. It is next submitted that according to the post mortem report, it is evident that the head injury was the only external injury found on the body of the deceased and the cause of death of the deceased Yogendra Paswan was due to head injury. It is further submitted that the grandmother of the deceased, who is the mother of the informant, whose statement has been recorded under 180 of the B.N.S.S. has falsified the claim of the informant made in the F.I.R. and the same has also been stated by the independent witness Dashrath Paswan whose statement is appearing in para-22 of the case diary. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para -14 of the bail application. It is next submitted that the petitioner has been in custody since 23.11.2024, as has been mentioned in paragraph no. 15 of the bail application. It is further submitted that the petitioner undertakes to cooperate with the trial of the case and further undertakes that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above-named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Palamau, in connection with Rehla P.S. Case No.99 of 2024 with the condition that the petitioner will co-operate with the trial of the case and will furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the trial of the case, with further condition that he will not annoy or disturb the informant or the witnesses of the case in any manner during the trial of the case.
(Anil Kumar Choudhary, J.) Sonu-Gunjan/