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Shibu Yadav Aged About 72 Yrs. Son Of Late ... vs The State Of Jharkhand
2026 Latest Caselaw 2572 Jhar

Citation : 2026 Latest Caselaw 2572 Jhar
Judgement Date : 1 April, 2026

[Cites 1, Cited by 0]

Jharkhand High Court

Shibu Yadav Aged About 72 Yrs. Son Of Late ... vs The State Of Jharkhand on 1 April, 2026

Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Appeal (SJ) No.48 of 2026
                             ------

1. Shibu Yadav aged about 72 yrs. son of Late Meghan Yadav, resident of Village & P.O.- Barisakhi, P.S.- Gidhaur, District- Chatra

2. Horil Yadav aged about 62 yrs. son of Late Todi Yadav, resident of Village & P.O.- Barisakhi, P.S.- Gidhaur, District- Chatra

3. Sewa Yadav aged about 60 yrs. son of Late Meghan Yadav, resident of Village & P.O.- Barisakhi, P.S.- Gidhaur, District- Chatra

4. Kishori Yadav @ Nandkishor Yadav aged about 35 yrs. son of Sri Shibu Yadav, Village & P.O.- Barisakhi, P.S.- Gidhaur, District- Chatra

5. Rajesh Yadav aged about 35 yrs. son of Sri Horil Yadav, Village & P.O.- Barisakhi, P.S.- Gidhaur, District- Chatra .... .... .... Appellants Versus

1. The State of Jharkhand

2. Shakuntala Devi, wife of Late Neman Ravidas R/o Vill- Barisakhi, Tola Mayadih, P.O.- Barisakhi, P.S.- Gidhour, Dist-

        Chatra                            .... ....  .... Respondents
                                  ------
CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                      ------
     For the Appellant          : Mr. Rajiv N. Prasad, Advocate
     For the State              : Mr. Manoj Kr. Mishra, Addl. P. P.
     For the Resp. No.2         : Md. Jeetendra Kr. Mishra, Advocate
                                      ------
     Order No:-03 Dated:-01-04-2026

           Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with the prayer to release the appellants on bail during the pendency of this appeal. It is further submitted that the appellants have been convicted vide judgment of conviction dated 22.12.2025 and order of sentence dated 03.01.2026 passed by the learned Special Judge (SC/ST)-cum-Additional Sessions Judge-I, Chatra in connection with SC/ST Case No.07 of 2016 amalgamated with SC/ST Case No.07 of 2017 arising out of Gidhaur P.S. Case No.04 of 2016 whereby and where under the appellants have been convicted and sentenced as under:-

   Offence u/s             Sentence            Fine           Default
    323/149 of       R.I. for six months        -----           ------
       I.P.C.
    452/149 of         R.I. for five years   Rs.5,000/-     S.I. for three
       I.P.C.                                                  months
    307/149 of      R.I. for seven years     Rs.5,000/-     S.I. for three
       I.P.C.                                                  months


Learned counsel for the appellants submits that it has also been ordered that all the sentences shall run concurrently. It is next submitted that during the pendency of the trial, the appellant No.1 was in custody from 19.06.2016 to 24.09.2016, the appellant No.2 was in custody from 21.02.2017 to 12.04.2017, the appellant No.3 was in custody from 21.02.2017 to 12.04.2017, the appellant No.4 was in custody from 06.03.2017 to 17.04.2017 and the appellant No.5 was in custody from 06.03.2017 to 19.04.2017. It is further submitted that on the date of judgment, the appellants were on bail but after conviction, they were taken into custody on 22.12.2025 and since then they have been in custody. It is also submitted that the appellants have very good grounds to agitate in this appeal and unless they are admitted to bail, they will be highly prejudiced. It is further submitted that there is no chance of this appeal being disposed of in near future. It is lastly submitted that the appellants undertake to cooperate with the hearing of this appeal. Hence, it is submitted that the appellants be enlarged on bail.

Considering the facts of the case, the appellants, named above, are directed to be released on bail till disposal of this appeal, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (SC/ST)-cum-Additional Sessions Judge-I, Chatra in connection with SC/ST Case No.07 of 2016 amalgamated with SC/ST Case No.07 of 2017 arising out of Gidhaur P.S. Case No.04 of 2016 with the condition that they will co-operate with the hearing of this appeal.

Accordingly, this Interlocutory Application is allowed.

(Anil Kumar Choudhary, J.)

List this appeal under the heading 'Hearing' before the appropriate Bench.

(Anil Kumar Choudhary, J.) Dated- 01.04.2026-Animesh/

 
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