Jharkhand High Court
Sanjeet Soni @ Sanjeet Kumar Soni vs The State Of Jharkhand on 13 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 199 of 2024
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Sanjeet Soni @ Sanjeet Kumar Soni
..... 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. Binod Kr. Dubey, Advocate
For the State : Mrs. Shweta Singh, A.P.P.
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09/13.02.2025 This Criminal Revision has been filed on
behalf of the juvenile petitioner challenging the judgment
dated 14.12.2023, passed by Shri Rajesh Kumar Singh,
learned Special Judge, Child Act Cases-cum-Additional
Sessions Judge-I, Chatra in Criminal (Juvenile) Appeal
No. 29 of 2023, by which Appeal has been dismissed by
rejecting the prayer for bail of the juvenile-petitioner and
the Appellate Court has affirmed the Order dated
22.08.2023, passed by the Principal Magistrate and
Members of the Juvenile Justice Board, Chatra in
Miscellaneous Criminal Appl. No. 2572 of 2023, by which
prayer of bail of the petitioner was rejected in connection
with Rajpur P.S.Case No. 25 of 2023 instituted for the
offence under Section 302, 201, 120(B), 34 of I.P.C.
2. Heard Mr. B.K. Dubey, learned counsel for the
petitioner and Mrs. Shweta Singh, learned A.P.P. on
behalf of the State.
3. Learned counsel for the petitioner has
submitted that the judgment and order passed by the
learned Appellate Court below and the Principal
Magistrate and Members of the Juvenile Justice Board,
Chatra are illegal, arbitrary and not sustainable in the eye
of law. It is submitted that the juvenile petitioner is
innocent and has not committed any offence. It is
submitted that the petitioner has been implicated in this
case on the basis of confessional statement of the co-
accused, namely Rohit Kumar Rana. It is submitted that
there is no eye witness of the alleged occurrence and the
petitioner has been arrested on mere suspicion and no
one has seen the deceased with the petitioner. It is
submitted that due to ulterior motive the motor cycle was
seized from the house of other accused though the motor
cycle has absolutely no concern with the alleged crime. It
is submitted that the finding of the Juvenile Justice
Board, Chatra that the boy is under influence of Peer
group and bad companies is based on no material. It is
submitted that the petitioner has not confessed his guilt,
rather the police had taken signature of the petitioner on
certain blank papers and which have been used on the
confessional statement of the juvenile in question. It is
submitted that Guardian of the juvenile petitioner will
take proper care of the juvenile petitioner and they are
ready to give undertaking that the father of the juvenile
petitioner will produce the juvenile petitioner as and when
his presence is required in the Court. It is submitted that
the father of the petitioner will not allow the juvenile
petitioner to mix with the criminals. It is submitted that
the learned Appellate Court has merely dismissed the
appeal on technical grounds. It is submitted that the co-
accused Rohit Kumar Rana has been enlarged on bail by
the Co-Ordinate Bench (Hon'ble Mr. Justice Ambuj Nath)
of this Court vide order dated 05.01.2024 passed in B.A.
No.10581 of 2023 and has produced the Web copy of the
same order.
Let it be kept on record.
It is submitted that the juvenile-petitioner
is in custody since 04.04.2023, hence the juvenile
petitioner may be enlarged on bail.
4. On the other hand, learned A.P.P. has
opposed the prayer for bail. It is submitted that the
juvenile petitioner is the main accused of this case and
the petitioner has also assaulted the deceased-Vishnu
Kumar. It is submitted that the petitioner has confessed
his guilt, which is mentioned at Paragraph 63 of the Case
Diary and even in the confession of co-accused Rohit
Kumar Rana and Birendra Bhuiyan, name of the
petitioner has come. It is submitted that the blood-stained
clothes of Birendra Bhuiyan had been recovered by the
Police. It is submitted that the bloodstained 'T' Shirt of
Birendra Bhuiyan was recovered on the basis of
confession of the co-accused Birendra Bhuiyan, hence his
prayer for bail may be rejected.
5. Perused the records of this case and Case
Diary.
6. It appears that though the petitioner was
not named in the F.I.R., but he was seen with the
deceased boy by the independent witnesses, namely
Mukharbind Kr. Dangi and Subodh Kr. Singh, whose
statements have been recorded in Para 56 and 57 of the
Case Diary. Para 63 of the Case Diary is the confessional
statement of the petitioner admitting his guilt for taking
assistance of co-accused Rohit Kumar Rana and co-
accused Birendra Bhuiyan. Therefore, on the basis of
confession of this juvenile petitioner, other co-accused
Rohit Kumar Rana and Birendra Bhuiyan were arrested.
7. Para 81 and 82 of the Case Diary are also the
confessional statement of co-accused Rohit and Birendra
admitting their guilt and even blood-stained clothes of
Birendra Bhuiyan was recovered by the Police.
8. It appears to be a case of cold blooded murder
of one Vishnu Kumar at the instant of this juvenile
petitioner.
9. Therefore, considering the facts and
circumstances of this case, this Court is not inclined to
enlarge the juvenile petitioner on bail at this stage.
Thus, the prayer for bail of the juvenile
petitioner is accordingly rejected.
10. Thus, the judgment dated 14.12.2023,
passed by Shri Rajesh Kumar Singh, learned Special Judge,
Child Act Cases-cum-Additional Sessions Judge-I, Chatra in
Criminal (Juvenile) Appeal No. 29 of 2023 and the Order
dated 22.08.2023, passed by the Principal Magistrate and
Members of the Juvenile Justice Board, Chatra in
Miscellaneous Criminal Appl. No. 2572 of 2023 are upheld.
Consequently, this Criminal Revision No.
199 of 2024 is dismissed.
11. However, the learned Court below is
directed to conclude the trial as expeditiously as possible.
12. Let a copy of this order be sent to the
learned Trial Court at once by the Office.
(Sanjay Prasad, J.)
