Cr.A(SJ)/405/2026 of DIPU KUMAR ALIAS DEEPU KUMAR Vs THE STATE OF JHARKHAND on 10 June 2026

1. State of Jharkhand,

2. Neli Maryam Kujur, W/o- Sonu Munda, aged about 42 years, R/o – Jorar Basti, Namkum, P.O. + P.S.- Namkum, District- Ranchi

……Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Kalyan Roy, Advocate

: Mr. Abhishek Kumar, Advocate

For the State

: Mrs. Vandana Bharti, APP

For the Resp. No.2 : Mr. Santosh Kumar Soni, Advocate

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Order No.05/10th June, 2026

1. This Criminal appeal has been filed on behalf of the appellant for grant of regular bail who is in custody in connection with S.C/S.T Case No.56 of 2025, arising out of Namkum P.S. Case No.110 of 2025, instituted under Sections 191(2)/191(3)/190/126(2)/115(2)/118(1)/109/352/351(2)(3) of BNS & 27 of the Arms Act by which the prayer for bail of the appellant has been rejected vide order dated 16.07.2025 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi.

2. As per FIR, it is alleged by the informant-Victim that on 14.03.2025 at around 5.00 p.m some persons from Namkum Khatal came to the house of the informant and started abusing and threatening. It is alleged that on 15.03.2025 at around 10.00 a.m. Sonu Rai, Pritam Yadav, Vishal Yadav alias Baltu, Sujit Rai, Raj

Kumar Yadav, Rohit Yadav, Munna Rai, Lucky Singh Yadav, Prem Prakash Sinha, Chitij Singh, Deepu Kumar 19 years (i.e.the appellant), Karan Kumar, Deepak Singh, all residents of Namkum Khatal, P.S Namkum along with 150 unknown persons suddenly came to the house of the informant with Lathi, sword, stone and with the intention to kill her husband and family members and one Raj Kumar Yadav had fired shots from his illegal weapon and due to which husband of the informant Mr. Sonu Munda S/o Sukhial Munda, Samir Dang, Pintu Munda, Sanjay Munda, Sintu Munda, Vijay Sanga, Mahesh Kacchap, Ravi Munda, Vikas Munda, Sohrai Sanga and others were injured and admitted in Sadar, ESIC and RIMS.

3. Heard learned counsel for the appellant and learned APP as well as learned counsel for the Respondent No.2.

4. Learned counsel for the appellant submitted that the appellant is innocent and has committed no offence. It is submitted that earlier the prayer of bail of the appellant has been rejected by this Court vide order dated 18.12.2025 passed in Cr. Appeal (SJ) No.858 of 2025 with the observation “at this stage”. It is submitted that the charges have been framed against the appellant, however, the witnesses have not been examined so far. It is further submitted that the co-accused persons namely Deepak Kumar, Ranjit Yadav, Vishal Kumar Yadav, Poonam Devi [in B.A. No.4291 of 2025 vide order dated 11.08.2025] and co-accused Mamta Devi [in B.A. No.4343 of 2025 vide order dated 04.08.2025] and co-accused persons namely Anil Kumar Yadav @ Anil Yadav, Krisha Kumar @ Krisha Kumar, Sunil Kumar @ Sunil Ray [in B.A. No.4344 of 2025 vide order dated 04.08.2025] and Ritesh Kumar [in B.A. No.6242 of 2025 vide order dated 29.07.2025] have been granted bail by the Co-ordinate Bench (Justice Mr. Ambuj Nath as then his Lordship was) of this Court. It is further submitted that co-accused person namely Rohit Kumar [in B.A. No. 4807 of 2025 vide order dated 08.08.2025] has been granted by the Co-ordinate Bench (Hon’ble Mr. Justice Sanjay Kumar Dwivedi) of this Court and co-accused persons namely Ritesh Kumar (in B.A. No.6242 of 2025 vide order dated 29.07.2025) and Khushi Kumari and Radha Kumar (in B.A. No.5408 of 2025 in vide order dated 07.07.2025) have also been granted bail by the Co-ordinate Bench (Hon’ble Mr. Justice Anil Kumar Choudhary) of this Court. It is further submitted that the appellant is a student of B.Com and studying in Marwari College, Ranchi and in custody since 19.03.2025 i.e. for more than one year and thus he may be enlarged on bail.

5. On the other hand, learned APP has opposed the prayer for bail of the appellant. It is submitted that the appellant was also present in the unruly mob on 14.03.2025. It is further submitted that earlier the prayer of bail of the appellant had been rejected by this Court vide order dated 18.12.2025 passed in Cr. Appeal (SJ) No.858 of 2025. It is further submitted that the prayer for bail of two other co-accused persons namely Vishal Kumar and Sonu Ray has also been rejected and hence the prayer of bail of the appellant may be rejected.

6. Mr. Santosh Kumar Soni, learned counsel for the Informant has submitted that he has been instructed by the Informant namely Neli Maryam Kujur not to oppose the prayer for bail made on behalf of the appellant.

7. Having heard learned counsel for both the sides and from perusal of the records of this case, it appears that earlier the prayer of bail of the appellant has been rejected order dated 18.12.2025 passed in Cr. Appeal (SJ) No.858 of 2025 with an observation “at this stage”.

8. It appears from the report sent by the learned Trial Court vide letter no.964 dated 04.06.2026 that charges have been framed against the accused persons on 22.04.2026 and no witness was turned up. The case is at the stage of evidence.

9. It appears that one co-accused namely Raj Kumar Yadav had fired upon the deceased, i.e. the husband of informant, due to which he died.

10. It appears that the appellant is a student of B.Com and studying in Marwari College, Ranchi.

11. Considering the facts and circumstances of this case and also considering the custody of the appellant, the appellant namely Dipu Kumar @ Deepu Kumar is directed to be released bail, on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen thousand) with two sureties of the like amount each, to the satisfaction of Sri Yashwant Prakash, learned Additional Judicial Commissioner-II- cum-Special Judge, SC/ST Act, Ranchi or his Successor Court in connection with in connection with S.C/S.T Case No.56 of 2025, arising out of Namkum P.S. Case No.110 of 2025.

12. Thus, the impugned order dated 16.07.2025 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in connection with S.C/S.T Case No.56 of 2025, arising out of Namkum P.S. Case No.110 of 2025 is set aside.

Accordingly, this Criminal Appeal (SJ) No.405 of 2026 is, hereby, allowed and stands disposed of. Date :- 10th June, 2026

(Sanjay Prasad, J.) Nishant/-