Jharkhand High Court
Rohit Bhaitha vs The State Of Jharkhand ...... Opp. ... on 30 April, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:13005
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 302 of 2025
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Rohit Bhaitha, aged about 16 years, son of Subodh Baitha,
resident of village Tuttoli, P.O. & P.S-Khunti, District-Khunit,
Jharkhand, through his father and natural guardian Subodh
Baitha, aged about 48 years, son of Laxman Baitha, resident of
village Tuttoli, P.O & P.S-Khunti, District-Khunti, Jharkhand.
...... Petitioner
Versus
The State of Jharkhand ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Akhouri Awinash,Advocate
For the State : Mrs. Ruby Pandey, APP
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th
03/Dated:30 April, 2025
This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
05.02.2025 passed by Sri Asif Equbal, learned Additional
Judicial Commissioner-IV-cum-Special Judge, (POCSO),
Ranchi in Criminal Appeal No. 19 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 17.12.2024 passed by Sri Amit Gupta, learned
Principal Magistrate, Juvenile Justice Board, Ranchi in
connection with G.R. Case No.2733 of 2024, arising out of
Pithoria P.S. Case No.100 of 2024 for the alleged offence
under Section 309(5), 109, 111, 3(5) of the B.N.S Act, 2023
and Section 25(1-A), 25(1-B)a, 25(6) and 26 of Arms Act
whereby the bail petition filed by the petitioner has been
rejected.
2. As per F.I.R, it is alleged that while the informant
was sitting in the Hotel then two accused including this
Juvenile petitioner arrived there and demanded key of the
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Motorcycle and they further demanded key of the Car
which was protested by the Informant. In the meantime, the
Owner of the Hotel arrived there and slapped the petitioner
due to which one other accused Ashish Kumar fled away,
however, the petitioner Rohit Bhaitha who was
apprehended and tied by the rope by the local people.
3. Heard Mr. Akhouri Awinash Kumar, learned
counsel for the petitioner and Mrs. Ruby Pandey, learned
APP for the State.
4. Learned counsel for the petitioner has submitted
that the impugned judgment and order passed by the learned
Court below are illegal, arbitrary and not sustainable in the
eye of law. It is submitted that allegations against the
petitioner are false and concocted. It is submitted that the
petitioner is Juvenile and at best it is a case of attempt to
commit robbery and attempt to commit murder. However,
no harm was caused to the informant. It is submitted that
the juvenile petitioner has been caused injury at the hand of
the informant side. Learned counsel for the petitioner
submitted that no firing was made by the Juvenile petitioner
and hence the offence under section 309(5) of the B.N.S Act
is not made out as well as the case of commit robbery of the
Vehicle. It is submitted that the father of the Juvenile
petitioner is ready to take care and custody. It is submitted
that the petitioner is in custody since 31.08.2024 and hence
he may be enlarged on bail.
5. On the other hand, learned APP has opposed the
prayer for bail. It is submitted that petitioner was
apprehended on the spot by the informant with the help of
local people. It is submitted that the petitioner has got three
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criminal antecedents i.e. (1) Torpa P.S. Case No.104/2022,
(2) Khunti P.S Case No.237 of 2022 and (3) Khunti P.S
Case No.12 of 2023 and the petitioner is in bad company. It
is submitted that even the Social Investigation Report is not
in favour of the Juvenile petitioner and hence the prayer for
bail of the juvenile-petitioner may be rejected.
6. It appears that the Juvenile petitioner along with
one Ashish Kumar had tried to commit robbery of the
Vehicle of the informant in question. However, he was
apprehended by the local people and also appears to be
assaulted by the local people also.
7. It appears that there is recovery of one pistol and
live cartridges from the hands of the juvenile petitioner.
8. It also appears that Juvenile petitioner has got three
(03) criminal antecedents.
9. Accordingly, the prayer for bail of the Juvenile
petitioner is rejected.
10. Under the circumstances, the judgment dated
05.02.2025 passed by Sri Asif Equbal, learned Additional
Judicial Commissioner-IV-cum-Special Judge, (POCSO),
Ranchi in Criminal Appeal No. 19 of 2025 and the order
dated 17.12.2024 passed by Sri Amit Gupta, learned
Principal Magistrate, Juvenile Justice Board, Ranchi in
connection with G.R. Case No.2733 of 2024, arising out of
Pithoria P.S. Case No.100 of 2024, are upheld.
11. Thus, Cr. Rev. No.302 of 2025 is hereby dismissed.
(Sanjay Prasad, J.)
Saket/
