Mithilesh Kumhar @ Mithilesh Pandit vs The State Of Jharkhand
2025 Latest Caselaw 5707 Jhar

Jharkhand High Court

Mithilesh Kumhar @ Mithilesh Pandit vs The State Of Jharkhand on 11 September, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Sanjay Prasad

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
           Cr. Appeal (DB) No.1049 of 2024
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Mithilesh Kumhar @ Mithilesh Pandit .... .... Appellant Versus The State of Jharkhand ..... .... Respondent

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Shailesh Kr. Singh, Advocate For the State : Mr. Satish Prasad, A.P.P.

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08 /Dated: 11.09.2025

I.A. No.9306 of 2025

1. Leave has been sought for to accept the affidavit in objection filed

in terms of order dated 21.08.2025.

2. The copy of the same has been supplied to learned counsel

appearing for the appellant.

3. The said affidavit is taken on record.

4. This Court has gone through the affidavit filed on behalf of the

State which contains the document at page no.11, a report of the

In-charge Medical Officer, Loknayak Jayprakash Narayan Central

Jail, Hazaribagh showing the fact that appellant is suffering from

HIV/AIDS on 24.01.2024.

5. Learned counsel appearing for the appellant has submitted that

he is in custody in pursuance to the judgment of conviction since

23.06.2023.

6. This Court, on consideration of the report, wherein, the appellant

has been found to be affected from HIV Virus on 24.01.2024,

hence, wants to ascertain the basic reason that how the inmate

has suffered from such infectious diseases, even though, he was

in custody, which is not specifically been stated in the affidavit or

other document, as appended thereto.

7. The authorities shall state the reason of cause of such suffering.

8. This Court, therefore, is of the view that the Superintendent Jail,

Hazaribagh along with In-charge Medical Officer, Loknayak

Jayprakash Narayan Central Jail, Hazaribagh, who has given the

report or the Doctor who has treated the appellant, as also, the

Director, Health, Medical Education and Family Welfare

Department, are to appear physically on the next date of hearing.

9. The Jail Superintendent, Hazaribagh is also directed to come out

with the report as to whether all the inmates of the Central Jail

have got their Pathological test to ascertain with respect to

spreading of the said disease.

10. Let this matter be listed on 15th September, 2025 at 2:15 p.m.

11. Learned Addl. Public Prosecutor is directed to communicate

this order forthwith to all the officials for compliance of the Court's

order.

(Sujit Narayan Prasad, J.)

(Sanjay Prasad, J.)

Rohit/-