Bithal Bhuiyan @ Naresh Bhuia vs The State Of Jharkhand
2025 Latest Caselaw 1600 Jhar

Jharkhand High Court

Bithal Bhuiyan @ Naresh Bhuia vs The State Of Jharkhand on 6 August, 2025

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (D.B.) No. 25 of 2024
                                       ------
         Bithal Bhuiyan @ Naresh Bhuia, son of Jagdish Bhuiyan, resident of
         Gulguliyapatti Jharia, P.O. Jharia, P.S. Jharia, District Dhanbad
                                              ....  .... .... Appellant
                                  Versus
         1. The State of Jharkhand
         2. Rintu Devi, wife of Om Prakash Singh, resident of near I.S.L. School,
           Jharia, P.O. & P.S. Jharia, District Dhanbad
                                              ....  .... ....     Respondents

         CORAM:         SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

         For the Appellant    : Mr. Ranjan Kumar Singh, Advocate
         For the State        : Ms. Sushma Aind, A.P.P.
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08/06.08.2025     I.A. No. 9940 of 2025

This interlocutory application has been filed by the appellant praying therein to suspend the sentence and release him on bail during the pendency of this appeal.

2. The appellant has been convicted under Sections 341, 323, 324, 325, 307, 385, 506/34 of the IPC in connection with S.T. No. 36 of 2022 arising out of Jharia P.S. Case No. 209 of 2021. He has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.5000/- under Section 307/34 of the IPC.

3. Heard, the learned counsel for the appellant and learned A.P.P. for the State and have gone through the impugned judgment, the evidence and the Trial Court Records.

4. Opportunity was given to the State to oppose the bail, which the State availed and opposed.

5. Appellant's last attempt was rejected vide order dated 16.07.2024. He has renewed his prayer to suspend the sentence and release him on bail, after a year. Further, he has served the sentence for two years and eight months. Similarly situated co-convict has been enlarged on bail after serving the sentence of two years and six months approximately.

7. Considering the aforesaid facts that the co-ordinate Bench has suspended the sentence of one of the co-accused namely Meer Jawed, we are inclined to allow this interlocutory application. Accordingly, upon suspending the sentence, the appellant, named above, is directed to be released on bail during the pendency of this appeal, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XVI, Dhanbad in connection with S.T. No. 36 of 2022 arising out of Jharia P.S. Case No. 209 of 2021 with a condition that the appellant shall appear and mark his attendance before the Registrar, Civil Court, Dhanbad once in every four months till the disposal of this appeal.

7. I.A. No.9940 of 2025 stands allowed.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Anit/Satyendra