Aman Kumar vs The State of Jharkhand

This bail application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to release the petitioner on regular bail in connection with Chakradharpur P.S. Case No.144 of 2025, for offences under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 27 of the Arms Act. The case is presently pending before the Court of learned Additional Sessions Judge-I, Sub-Divisional Court, Chakradharpur, Chaibasa.

Heard learned counsel representing the petitioner and learned A.P.P. representing the State. Perused the materials available on record and also gone through the impugned order.

The bail application of the petitioner was earlier rejected by this Court vide order dated 26.02.2026 in B.A. No.875 of 2026.

The petitioner renews his prayer for grant of bail on the grounds that the petitioner is in custody for last nine months and one of the co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 26.02.2026 in B.A. No.871 of 2026 (Mukesh Saw @ Mukesh Kumar Sao Vs. The State of Jharkhand).

Opportunity was granted to learned A.P.P. representing the State to oppose the bail, which he availed and opposed. He submits that there are five charge-sheeted witnesses, but no one has been examined.

As per the prosecution case, there was some verbal altercation between this petitioner and the informant. Because of the said verbal altercation, Mukesh Saw (co-accused) handed over a firearm (pistol) in the hand of this petitioner and directed him to fire upon the informant-party. On his direction, the petitioner with the help of firearm, made firing and fled on the Bullet motorcycle, brandishing the pistol.

The person who has been granted bail is Mukesh Saw. Allegation against him was that he had handed over the firearm to this petitioner. The admitted fact is that it is this petitioner who had shot upon the informant, thus the case of this petitioner stands on a different footing to that of co-accused Mukesh Saw.

Further, one of the eye witnesses namely Mukesh Ram (informant), who was present there, has been examined as a witness. He in para-4 of his deposition, has categorically stated that Aman, had shot thrice upon him, but he repeatedly ducked to avoid getting shot and saved himself. This clearly suggests the involvement of this petitioner.

So far as injury is concerned, to attract offence under Section 109 of the BNS, 2023, it is not necessary that there should be injury. The action of the petitioner of firing at the informant and the witness, that too, thrice, clearly goes to show the intention.

In view of the above, I am not inclined to grant bail to this petitioner.

Accordingly, this Bail Application stands dismissed.

The trial should be expedited and the prosecution is directed to produce the witnesses on regular intervals.

The Trial Court should hand over a schedule to conclude the trial, to the Investigating Officer, so that the witnesses can be produced as early as possible.