Jharkhand High Court
Ratan Mahato @ S.K. Mahato vs The State Of Jharkhand on 21 August, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 715 of 2025
1. Ratan Mahato @ S.K. Mahato, aged about 69 years, S/o Late
Parmanand Mahato, resident of Chatro, P.O. & P.S. Dhalbhumgarh,
Dist.- East Singhbhum
2. Buddheshwar Nayak, aged about 57 years, son of Nimai Nayak,
resident of Village- Kokpara, P.O. Kokpara, P.S. Dhalbhumgarh, Dist.-
East Singhbhum
3. Mahendra Nayak, aged about 68 years, son of Ghasi Ram Nayak,
resident of Badkola, P.O. Kantabani, P.S. Chakulia, Dist.- East
Singhbhum
4. Anil Kumar Mahato, aged about 64 years, son of Ajambar Mahato,
resident of Basadiha, P.O. & P.S. Barsol, Dist.- East Singhbhum
5. Khitish Chandra Mahato, aged about 37 years, son of Shiv Charan
Mahato, resident of Village- Nayadih, P.O. Kokpara, P.S. Dhalbhumgarh,
Dist.- East Singhbhum ... Petitioners
-Versus-
1. The State of Jharkhand
2. S.T. Biswas, Sub- Inspector, R.P.F., Ghatshila, P.O. & P.S. Ghatshila,
District- East Singhbhum ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Ashutosh Mishra, Advocate
For the Railway : Mrs. Nitu Sinha, Advocate
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07/21.08.2025 Learned counsel for the petitioners submits that the petitioners have
already surrendered before the learned Court and they are in custody. He
submits that in view of that, he is not pressing I.A. No.6534 of 2025, meant
for exemption from surrender.
2. In view of his such submission, I.A. No.6534 of 2025 is dismissed as
not pressed.
3. I.A. No.9551 of 2025 has been filed for addition of the party as
opposite party no.2 in this petition.
4. Learned counsel for the petitioner submits that the Sub Inspector of
R.P.F., Ghatshila is a necessary party and in view of that, I.A. has been filed
for his impleadment.
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5. Learned counsel appearing for the Railway has got no objection.
6. For the reasons assigned in the said I.A., the prayer made in the I.A.
is allowed.
7. Learned counsel for the petitioners will array the Sub-Inspector of
R.P.F., Ghatshila as opposite party no.2, in course of the day.
8. Accordingly, I.A. No.9551 of 20258 is disposed of.
9. I.A. No.9552 of 2025 has been filed for suspension of sentence and
grant of bail to the petitioners.
10. Learned counsel for the petitioners submits that the petitioners have
been convicted and sentenced vide judgment and order dated 22.12.2022
passed by the learned Railway Judicial Magistrate, Porahat Chaibasa in R.A.
Case No.2660/2017 arising out of Ghatshila P.S. Case No.172/2017, whereby,
they have been sentenced to undergo S.I. for one month along with fine of
Rs.500/- for the offence under Section 147 of Railways Act and S.I. for six
months along with fine of Rs.500/- for the offence under Section 174(a) of
the Railways Act and in default of payment of fine, further they have to
undergo S.I. for 15 days. He submits that the said judgment and order of
conviction and sentence has been challenged by the petitioners in Criminal
Appeal No.16/2023, which has been dismissed by the learned Additional
Sessions Judge-IV, East Singhbhum at Jamshedpur vide order dated
15.04.2025 and the judgment and order of the learned trial court has been
affirmed. He further submits that petitioner nos. 1, 3 and 5 surrendered
before the learned Court on 08.07.2025, petitioner no.4 surrendered on
11.06.2025 and petitioner no.2 was arrested on 07.07.2025. He submits that
the sentence is of six months and they are in custody from the aforesaid
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period and in view of that, bail may kindly be provided to the petitioners.
11. Learned counsel for the Railway opposed the prayer and submits that
the case has been proved against the petitioners and in view of that, bail may
not be granted to them.
12. Considering that petitioner nos. 1, 3 and 5 surrendered before the
learned Court on 08.07.2025, petitioner no.4 surrendered on 11.06.2025 and
petitioner no.2 was arrested on 07.07.2025 and sentence is of six months, in
that view of the matter, the prayer made in the said I.A. is allowed. Let the
petitioners be enlarged on bail. Accordingly, during pendency of this criminal
revision petition, the petitioners, named above, are directed to be released
on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with
two sureties of the like amount each to the satisfaction of learned Railway
Judicial Magistrate, Porahat, Chaibasa in connection with R.A. Case
No.2660/2017 arising out of Ghatshila P.S. Case No.172/2017, subject to the
condition that one of bailor must be own relative of the petitioners and the
petitioners shall also file undertaking before the learned Court that they will
not get indulged in such type of crime in future again, otherwise prosecution
will be at liberty to take steps for cancellation of their bail and the petitioners
must be careful in future.
13. Accordingly, I.A. No.9552 of 2025 is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
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