Citation : 2026 Latest Caselaw 2412 Jhar
Judgement Date : 25 March, 2026
2026:JHHC:8424
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 11415 of 2025
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Mohan Chouhan, S/o Late Rameshwar Beldar, R/o Karmatia, P.O. & P.S.-
Gomia, District- Bokaro, Jharkhand
.... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner: Mr. Santosh Kumar, Advocate
For the State : Mr. Bishambhar Shastri A.P.P.
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05/25.03.2026 By way of this bail application filed under Sections 483 & 484 of
the Bharatiya Nagrik Suraksha Sanhita, 2023 petitioner has prayed for grant of bail as he is in custody for allegedly committing offence in Gomia P.S. Case No. 87/2024 (S.T. No.63 of 2025 corresponding to G.R. No. 550/2024) punishable under Section 103 (1) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of the Additional Sessions Judge I, Bermo at Tenughat.
2. Heard, learned counsel for the petitioner learned counsel for the State and have also gone through the impugned order.
3. There is allegation against this petitioner that he killed informant's son namely, Mukesh Kumar on 27.08.2024 and hid the murder weapon in a water filled coal mine. Although, this petitioner is not named in the F.I.R., he was arrested on the basis of suspicion on 31.08.2024 and gave his confessional statement.
4. Learned counsel for the petitioner submits that there are as many as 19 chargesheeted witneses, out of which only seven witnesses have been examined. He submits that save and except suspicion and confessional statement, nothing has surfaced in the investigation nor the witnesses examined so far have stated any worth in their evidence so as to implicate this petitioner.
5. Learned Spl. P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner.
6. After hearing the parties and after going through the record, I find that the implication of the petitioner is only on the basis of suspicion and his own confessional statement. Admittedly, the petitioner is not named in the First Information Report nor any aspersion was made by the informant against the petitioner in the First Information Report. There is no eye witness to the occurrence in this case nor it is a case of last seen. Further, the prosecution case is also not corroborated by the report of the Forensic Science Laboratory,
2026:JHHC:8424
inasmuch as, it has been observed by the Forensic Science Laboratory that the DNA profile generated from the source blood positive T-Shirt cutting is mixed profile from more than one humane source of origin. However, identity of individuals could not be ascertained, as reference sample was not provided for comparison.
7. Considering the aforesaid, I am inclined to grant bail to the petitioner. Petitioner, namely, Mohan Chouhan, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1, Bermo at Tenughat in connection with Gomia Police Station Case No.87 of 2024 (G.R. No.550 of 2024) corresponding to Sessions Trial No.63 of 2025, subject to the condition that one of the bailers must be a close relative of the petitioner having sufficient landed property in his own name within the State of Jharkhand.
(ANANDA SEN, J.) Ranchi, Dated, 25th March, 2026 Kumar/Cp-03
Uploaded on 25.03.2026
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