DIPAK MODAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This matter was referred by way of referring by the learned Single Judge of this Court to the Division Bench in view of 'Bomshankar Jha @ Ors. v. State of Jharkhand and Anr.' reported in (2016) 1 JBCJ 223 (HC) and Shiv Kumar Singh and Ors v. The State of Jharkhand and Anr. reported in (2017) 1 JLJR 291 as the different view taken by the learned Single Judge and that is why this has been referred to the Division Bench for reference as to which of the judgment is the correct law by this Court.

(2.) Accordingly, the Division Bench has answered the reference holding that 'Shiv Kumar Singh and Ors v. The State of Jharkhand and Anr.' reported in (2017) 1 JLJR 291 is a good law and thereafter this matter has been mentioned before the Court and it has been heard earlier and thereafter it has come.

(3.) Heard Mr. Zaid Ahmed, the learned counsel for the petitioners, Mr.Pravin Kumar Appu, the learned counsel for the respondent State and Mr. Ram Chandra Sahu, the learned counsel for the O.P.No.2.