Citation : 2025 Latest Caselaw 6436 Jhar
Judgement Date : 14 October, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 776 of 2025
Lokesh Kumar Sah, aged about 36 years, S/o Pradip Sah, resident of
Village- Sinduria, P.O. & P.S. Ramgarh, District- Dumka
... Petitioner
-Versus-
1. The State of Jharkhand
2. Vikash Kumar Gupta, S/o Raj Kumar Sah, resident of Village- Sinduria,
P.O. & P.S. Ramgarh, District- Dumka ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. S.P. Roy, Advocate
For the State : Mr. Azeemuddin, A.P.P.
-----
04/14.10.2025 Heard learned counsel appearing for the petitioner and learned counsel
appearing for the State.
2. I.A. No.9371 of 2025 has been filed for condonation of delay of 118
days in filing the present criminal revision petition.
3. Learned counsel appearing for the petitioner submits that in
preparation of filing the present criminal revision petition and in consultation,
such delay has occurred and in view of that, the delay may kindly be
condoned.
4. Learned counsel appearing for the State submits that he is prepared
on merit of the case and it is the discretion of the Court and if the Court is
satisfied, the Court may condone the delay.
5. In view of the above and looking into the contents of the said I.A., the
Court finds that sufficient ground is made out to condone the delay and, as
such, the delay of 118 days in filing the present criminal revision petition is,
hereby, condoned.
6. Accordingly, I.A. No. 9371 of 2025 is allowed and disposed of.
7. I.A. No.9370 of 2025 has been filed for grant of bail to the petitioner
-1- Criminal Revision No. 776 of 2025 during pendency of this criminal revision petition.
8. Learned counsel appearing for the petitioner submits that the
petitioner has been sentenced S.I. for three years for the offence committed
under Section 325/34 of the Indian Penal Code and further he has been
sentenced to undergo S.I. for one month for the offence committed under
Section 341/34 of the Indian Penal Code and he has also been sentenced to
undergo S.I. for one year for the offence committed under Section 504/34 of
the Indian Penal Code along with fine of Rs.5,000/- and in default of payment
of fine, he has been further sentenced to undergo S.I. of two months in
connection with T.R. No.575/2024 arising out of Ramgarh P.S. Case
No.26/2019 corresponding to G.R. No.550/2020 vide judgment of conviction
and order of sentence dated 27.02.2024 passed by the learned Judicial
Magistrate, 1st Class, Dumka. He then submits that the said judgment and
order has been challenged by the petitioner in Criminal Appeal No.18/2024,
which was dismissed by the learned Additional Sessions Judge-V, Dumka vide
judgment dated 20.12.2024 and the order of the learned trial court has been
affirmed.
9. Learned counsel for the petitioner further submits that four of the
convicts have already been granted bail by Coordinate Bench of this Court in
Criminal Revision No.267 of 2025 with I.A. No.2730 of 2025, vide order dated
27.03.2025. He then submits that the case of the petitioner is also on identical
footing. He next submits that the allegation of assault is omnibus and general.
He next submits that the injury sustained by Vikash Kumar Gupta (P.W.1) was
simple in nature. He also submits that the FIR is an afterthought and the
inquiry report of P.W.3 i.e. Mala Devi, who is mother of the informant is a
-2- Criminal Revision No. 776 of 2025 manufactured document because the Investigating Officer, namely, Krishna
Kanhaiya, who was examined as P.W.4, has stated in his evidence that he has
started investigation of the case on 22.03.2019 by writing the case diary. He
further submits that so far as the evidence of P.W.5 and other P.Ws. are
concerned, that has also been considered by the Coordinate Bench of this
Court and, thereafter, bail has been granted to the co-convicts. On these
grounds, he submits that the petitioner may kindly be enlarged on bail.
10. Learned counsel for the State opposed the prayer, however, he is not
disputing that four of the convicts have been granted bail in the aforesaid
criminal revision petition.
11. In view of the above and considering that the injury sustained by
Vikash Kumar Gupta (P.W.1) was simple in nature and the inquiry report of
P.W.3 i.e. Mala Devi, who is mother of the informant is a manufactured
document because the Investigating Officer, namely, Krishna Kanhaiya, who
was examined as P.W.4, has stated in his evidence that he has started
investigation of the case on 22.03.2019 by writing the case diary and four of
the convicts have been granted bail by the Coordinate Bench of this Court in
the aforesaid criminal revision petition and the case of the petitioner is on
identical situation and in the attending facts and circumstances of the case,
during pendency of this petition, I am inclined to grant bail to the petitioner.
Accordingly, the petitioner above named, is directed to be released on bail,
on furnishing bail bond of Rs.10,000/- (Ten Thousand only) with two sureties
of the like amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Dumka in connection with T.R. No.575/2024, arising out of Ramgarh
P.S. Case No.26/2019 corresponding to G.R. No.550/2020, subject to the
-3- Criminal Revision No. 776 of 2025 condition that one of the bailor must be own relative.
12. Accordingly, I.A. No.9370 of 2025 is allowed and disposed of.
13. In Criminal Revision No.267 of 2025, Trial Court Records has already
been called for.
14. Let this criminal revision petition be tagged with Criminal Revision
No.267 of 2025.
(Sanjay Kumar Dwivedi, J.)
Dated: 14th October, 2025
Ajay/
-4- Criminal Revision No. 776 of 2025
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