[Cites 5, Cited by 0]
Jharkhand High Court
Rakesh Biyar vs The State Of Jharkhand on 5 January, 2026
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) filing No. 6943 of 2025
....
1. Rakesh Biyar
2. Nanhku Biyar ...... Appellants
Versus
1. The State of Jharkhand
2. Jhari Biyar ...... Respondents
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellants : Mr. Sanjay Kumar Pandey, Advocate
For the State : Mr. Sanjay Kr. Srivastava, A. P. P.
......
07/05.01.2026 It appears from the supplementary affidavit filed on
behalf of the appellants on 17.12.2025 that the appellants have
surrendered in the learned Court below on 06.12.2025 and then,
they were taken into custody and certified copy of the order dated
06.12.2025 passed by the learned Additional Sessions Judge-I,
Nagar Untari, Garhwa has been enclosed as Annexure-I of the
supplementary affidavit.
Thus, defect no. 23, as pointed out by the office, stands
ignored.
2. Learned counsel for the appellants is permitted to
incorporate the prayer for bail of the appellants in the
supplementary affidavit by the red ink in course of the day.
3. This Criminal Appeal has been filed on behalf of the
appellants by challenging the judgment of conviction and sentence
dated 10.03.2025 passed by Shri Sanjay Kumar Singh-II, learned
Addl. Sessions Judge-I, Nagar Untari in Sessions Trial No. 57 of
2019 arising out of Nagar Untari P.S. Case No. 132 of 2007
corresponding to G.R. No. 672 of 2007 by which the appellants
have been convicted for the offences under Sections 341/34,
323/34 and 325/34 of the IPC and sentenced to undergo R.I. for
two(2) years and to pay the fine of Rs. 10,000/- each for the
offence under Section 325/34 of the IPC, R.I. for fifteen(15) days
each for the offence under Section 341/34 of the IPC, R.I. for three
(3) months each for the offence under Section 323/34 of the IPC.
However, all the sentences have been directed to be run
concurrently.
4. Heard learned counsel for the appellants and learned APP.
5. Learned counsel for the appellants has submitted that the
impugned judgment and sentence passed by the learned Court
below is illegal, arbitrary and not sustainable in eye of law. It is
submitted that the appellants have been falsely implicated in this
case. It is submitted that the appellants were granted provisional
bail vide order dated 10.03.2025 by the learned Court below for a
period thirty (30) days. However, during pendency of this Criminal
Appeal, the period of provisional bail has been expired and as
such, the appellants have surrendered in the learned Court below
on 06.12.2025 and hence, they may be enlarged on bail.
6. On the other hand, learned APP has opposed the prayer of
bail.
7. Perused the records of this case and considered the
submission of both the sides.
8. It appears from the supplementary affidavit filed on behalf
of the appellants on 17.12.2025 that the appellants have
surrendered in the learned Court below on 06.12.2025 and then,
they were taken into custody and certified copy of the order dated
06.12.2025 passed by the learned Additional Sessions Judge-I,
Nagar Untari, Garhwa has been enclosed as Annexure-I of the
supplementary affidavit.
9. Considering the facts and circumstances of this case, the
appellant no. 1, Rakesh Biyar and the appellant no. 2, Nanhku
Biyar are directed to be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the
like amount each, to the satisfaction of Shri Sanjay Kumar
Singh-II, learned Addl. Sessions Judge-I, Nagar Untari or his
Successor Court in Sessions Trial No. 57 of 2019 arising out of
Nagar Untari P.S. Case No. 132 of 2007 corresponding to G.R. No.
672 of 2007.
10. Admit.
11. Learned counsel for the appellants is directed to implead
the informant as the respondent no. 2 in this case during course of
the day.
12. Issue notice to the newly added respondent no. 2 under
Speed Post with A/D and ordinary process and for which requisites
etc. must be filed within two weeks from today, failing which this
Criminal Appeal shall stand dismissed without further reference to
the Bench.
13. If requisites are filed, put up this case after six weeks.
14. I. A. No. 5373 of 2025 having been infructuous and also
stands disposed of.
(Sanjay Prasad, J.)
Dated 05.01.2026
Kamlesh/-
