JHARKHAND HIGH COURT ISSUES ORDER ON MONU KUMAR V/S THE STATE OF JHARKHAND

RANCHI, India, July 22 -- Jharkhand High Court issued the following order on June 23:

1. This Criminal Revision Application has been filed on behalf of the Juvenile petitioner by challenging the judgment dated 21.03.2025 passed by Sri Rajni Kant Pathak, learned Special Judge, Children Court, Dhanbad in Criminal Appeal No.50 of 2025 by which appeal has been dismissed and the prayer for bail of the Juvenile petitioner has been rejected thereby affirming the order dated 03.03.2025 passed by learned Principal Magistrate and Members of the learned Juvenile Justice Board, Dhanbad in connection with Putki P.S Case No.04 of 2025 for the offences under section 25(1-B)(a)/26/35 of the Arms Act.

2. As per FIR, it is alleged that this Juvenile-Petitioner along with one Dipu Pandey @ Dipu Kumar Pandey were apprehended by the police and on their search two (02) liver cartridges of KF 7.65 m.m were recovered from the possession of the JuvenilePetitioner and two (02) live cartridges of KF 7.65 m.m were also recovered from the possession of co-accused Dipu Pandey @ Dipu Kumar Pandey. It is also alleged that on their disclosure, one Desi Katta was recovered from the house of one co-accused Raj Kumar Bharti.

3. Heard Mr. P.K. Mukhopadhyay, learned counsel for the petitioner and Ms. Mohua Palit, learned APP for the State.

4. Learned counsel for the petitioner has submitted that the impugned judgment and order passed by the learned Courts below are illegal and not sustainable in the eye of law. It is submitted that allegation against the petitioner is false and concocted. It is submitted that the co-accused Dipu Pandey @ Dipu Kumar Pandey has already been enlarged on bail by Sri Prafull Kumar, learned Additional Sessions Judge-IV, Dhanbad in Bail Petition No.165 of 2025 vide order dated 20.03.2025 who was a major person. However, the case of the Juvenile petitioner has been rejected by the learned Principal Magistrate, learned Juvenile Justice Board, Dhanbad as well as the learned Special Judge, Children Court, Dhanbad, who was the similarly situated with one co-accused Dipu pandey @ Dipu Kumar Pandey. It is submitted that the Juvenile-petitioner is in custody since 05.01.2025 and hence, the petitioner may be enlarged on bail. The web copy of the order dated 20.03.2025 passed in Bail Petition No.165 of 2025 has been produced during the course of argument, let it be kept on record.

5. On the other hand, learned APP has opposed the prayer for bail and submitted that there is direct allegation against the Juvenile petitioner for recovery of two (02) live cartridges of KF 7.65 m.m. It is submitted that the Juvenile petitioner and another co-accused failed to produce any paper with regard to the arms seized in question.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwfUbwnIUUegQEA9Ic4H1mF%2F9ym9Fbn1%2BGAwbuBWSbpj&caseno=Cr.Rev./559/2025&cCode=1&cino=JHHC010155802025&state_code=7&appFlag=)

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