Deo Kumar Yadav @ Deo Kumar vs The State Of Jharkhand
2025 Latest Caselaw 1188 Jhar

Jharkhand High Court

Deo Kumar Yadav @ Deo Kumar vs The State Of Jharkhand on 28 July, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (S.J.) No.605 of 2025
                              ------

1. Deo Kumar Yadav @ Deo Kumar

2. Sujeet Yadav @ Sujit Kumar

3. Vikash Yadav @ Vikash Kumar @ Shushant Kumar

4. Rahul Kumar, son of Krishna Kumar Yadav

5. Rajdeo Kumar @ Raj Dev

6. Anand Kumar @ Lalu .... .... .... Appellants Versus The State of Jharkhand .... .... .... Respondent

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Rashmi Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P.

------

Order No.03 Dated : 28.07.2025 I.A. No.9432 of 2025 Heard learned counsel for the appellants in I.A. No.9432 of 2025 which has been filed for suspension of sentence and confirmation of the provision bail granted by the learned Sessions Judge, Koderma under Section 430 (1) of the BNSS in connection with Sessions Trial No.45 of 2024 arising out of Telaiya P.S. Case No.132 of 2021.

It is submitted by the learned counsel on behalf of the appellants that only two persons were injured at the time of incidence and general and omnibus allegations have been levelled against altogether six accused persons.

The case was originally filed under Section 307 of the IPC which has been disbelieved and the judgment of conviction under Sections 147, 148, 341/149, 323/149, 324/149, 325/149, 504/149 and 506/149 of the IPC has been returned.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that the informant has specifically named the accused persons including these appellants, who had assaulted her.

Having considered the submissions advanced on behalf of both sides, since it is a case and counter case and free fight between both sides, Section 149 of the IPC will not apply and each of the assailants will be liable for their individual act. There is direct evidence of the injured (P.W. 5) in para 1 that it was appellant- Deo Kumar Yadav @ Deo Kumar, that he had inflicted injury on her with an axe.

Prayer for confirmation of provisional bail of the appellant- Deo Kumar Yadav @ Deo Kumar, is rejected. Appellant- Deo Kumar Yadav @ Deo Kumar is directed to surrender before the learned trial Court within two weeks of the order.

Considering the submissions advanced on behalf of both sides and the materials on record, I.A. No.9432 of 2025 for suspension of sentence and confirmation of bail, is allowed with respect to appellant nos.2 - 6. Appellants are permitted to continue on their previous bail bonds.

Cr. Appeal (S.J.) No.605 of 2025 Admit.

Call for Lower Court Records from the Court concerned.

(Gautam Kumar Choudhary, J.) Anit