Raju Kumar Bhuiyan @ Raj Kumar ... vs State Of Jharkhand
2022 Latest Caselaw 1373 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Criminal Appeal (DB) No. 332 of 2018
Raju Kumar Bhuiyan @ Raj Kumar Bhuiyan           ... Appellant
                                Versus
State of Jharkhand                 ...               Respondent
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE RAJESH KUMAR

For the Appellant : Mr. A. K. Sinha, Sr. Advocate For the State : Mr. Bhola Nath Ojha, A.P.P.

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Order No. 05                                 Dated 06th April, 2022

I.A. No. 2234 of 2020

Heard Mr. A. K. Sinha, learned senior counsel appearing for the

appellant and Mr. Bhola Nath Ojha, A.P.P., learned A.P.P. for the State.

The prayer for bail of the appellant was earlier rejected in I.A. No.

2109 of 2018.

It has been submitted by the learned senior counsel for the appellant

that so far as the P.Ws. 1, 2 and 3 are concerned, they are hearsay witnesses

and as regards P.W. 4 and P.W. 5 who are the daughter and the wife of the

deceased, they have also not witnessed the commission of murder of the

husband of P.W. 5. Learned senior counsel submits that the appellant is in

custody since 30.09.2012. It has been submitted that only on the basis of

circumstantial evidence and last seen, the appellant has been convicted.

Learned A.P.P. has opposed the prayer for bail of the appellant.

Admittedly, there does not appear to be any eye witness to the

occurrence.

On consideration of the fact that the implication of the appellant

appears to be on the basis of certain circumstances as denoted in the

impugned judgment and the period of custody undergone by the appellant,

we are inclined to admit the appellants on bail. Accordingly, during

pendency of this appeal, the appellants are directed to be released on bail

on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two

sureties of the like amount each to the satisfaction of learned trial court

[Additional Sessions Judge-II, Ramgarh] in connection with Sessions Trial

Case No. 25 of 2013.

I.A. No. 2234 of 2020 stands allowed and disposed of.

(RONGON MUKHOPADHYAY, J.)

(RAJESH KUMAR, J.) MK