Jharkhand High Court
Sachit Sahu @ D.K. Sahu S/O Late Magan ... vs The State Of Jharkhand ......Opp. Party on 1 July, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:17495
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.232 of 2025
....
Sachit Sahu @ D.K. Sahu S/o Late Magan Sahu, aged about 17
Years, represented through his mother as well his legal guardian
namely Anita Devi W/o Magan Sahu, aged about 47 Years, both
residents of Village-Tengariya, Nawatoli, P.O.& P.S.-Palkot,
District Gumla
......Petitioner
Versus
The State of Jharkhand ......Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Petitioner : Mr. K.S. Nanda, Advocate
Mr. Jitesh Kumar, Advocate
For the State : Mr. Anup Pawan Topno, A.P.P
......
Order No.04/01.07.2025
1. This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
17.01.2025 passed by Sri Prem Shankar, learned Addl. Sessions
Judge-I-cum-Spl. Judge (Children's Court) Gumla in Criminal
Appeal Case No.34/2024 by which the appeal has been dismissed
thereby affirming the order dated 19.11.2024 passed by Ms. Reema
Kumari, learned Principal Magistrate, Juvenile Justice Board,
Gumla and Members, in Spl. G.R. Case No.83/2024 arising out of
Gumla P.S. Case No.339/2023 by which the prayer for bail of the
petitioner has been rejected and the case has been instituted for the
offences under Sections 379,411,414 and 120B/34 of IPC which is
pending before the learned Principal Magistrate, Juvenile Justice
Board,, Gumla.
2. The prosecution case in brief, is that while the Informant
along with his raiding team of the Ranchi Police personnels was
conducting raid on 28.09.2023 at around 09:45 PM in connection
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with Daily Market P.S. Case No.27/2023 dated 11.09.2023 then he
arrested the co-accused Dheeraj Jalan and on the disclosure of
Dheeraj Jalan the juvenile petitioner was also apprehended by the
police and Juvenile petitioner Sachit Sahu were brought to the
Police Station for interrogation. During interrogation, they
admitted that they along with Anmol Sahu, Deepak Sahu and
Vicky Singh and Niramani Kumari are involved in committing the
theft of the motorcycles and thereafter on the disclosure of the
accused Diraj Jalan and the juvenile petitioner the police had
recovered three (03) stolen motorcycles from the rented room of
another co-accused Jitiya Oraon and another three (03) stolen
motorcycles were recovered at the instance of Niramani Kumari
who is said girlfriend of the juvenile petitioner. Thereafter, on the
disclosure of this Juvenile petitioner the Police had recovered three
(03) other motorcycles from the house of another co-accused Vicky
Singh and Maruti Swift was also recovered.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. Learned counsel for the petitioner submitted that the
impugned judgment and order passed by the learned Courts below
are illegal, arbitrary and not sustainable in eye of law. It is
submitted that the juvenile is innocent and has committed no
offence. It is submitted that while rejecting the bail of the
petitioner the learned Courts below ought to have considered that
upon confessional statement of the co-accused Dheeraj Jalan and
petitioner, some motorcycle had been recovered from the house of
Jitiya Oraon who is landlord of the petitioner but the ownership of
motorcycle has not been disclosed. It is submitted that the
co-accused Dhiraj Jalan @ Rupu has been granted bail in B.A. No.
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1613 o 2024 by the Co-ordinate Bench (Hon'ble Mr. Justice
Ambuj Nath) of this Court. It is submitted that the case of the
petitioner is in the same footing as that of co-accused Dheeraj
Jalan. It is submitted that the mother of the petitioner is ready to
take undertaking for proper care and custody of the petitioner. It is
further submitted that the petitioner is in custody since 08.11.2023
and he is in observation home since 07.10.2024 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 the petitioner is one of the main
accomplice of accused Dheeraj Jalan. It is submitted that on the
disclosure of the juvenile petitioner, altogether six (06)
motorcycles had been recovered. It is submitted that the petitioner
has criminal antecedent and as many as 12 cases were registered
against him i.e. seven (07) cases were instituted in the district of
Gumla whereas one case was instituted in the district of
Jamshedpur and four (04) cases were instituted in the district of
Ranchi against the petitioner and all the cases are of theft of
motorcycles and hence the prayer of bail of the juvenile petitioner
may be rejected.
6. Perused the FIR and records of this case and considered
the submissions of both sides.
7. It appears that the juvenile petitioner was apprehended on
the basis of disclosure made by the co-accused Dheeraj Jalan.
8. It appears that around nine (09) stolen motorcycles had
been recovered from the from the disclosure of the co-accused
Dheeraj Jalan and this juvenile petitioner.
9. It also appears that Dhiraj Jalan @ Rupu has been granted
bail in B.A. No. 1613 of 2024 by the Co-ordinate Bench (Hon'ble
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Mr. Justice Ambuj Nath) of this Court.
10. Considering the facts and in the circumstance of this case,
and also considering the custody of the petitioner, the petitioner
namely Sachit Sahu is directed to be released on bail in care and
supervision of his mother on furnishing the bail bonds Rs.15,000/-
(Rs.Fifteen Thousand) with two sureties of the like amount each, to
the satisfaction of learned Principal Magistrate, Juvenile Justice
Board, Gumla in connection with in Spl. G.R. Case No.83/2024 in
arising out of Gumla P.S. Case No.339/2023 with the condition
that he will co-operate with the Trial of the case and furnish his
mobile number and photocopy of the Aadhaar Card in the Court
below with an Undertaking that she will not change her mobile
number and the juvenile petitioner will not tamper the witnesses of
the case and also subject to the condition that he will not indulge in
any crime in future, failing which the prosecution will be at liberty
to take step for cancellation of the bail.
11. Accordingly, the judgment dated 17.01.2025 passed by
Prem Shankar, learned Addl. Sessions Judge-I-cum-Spl. Judge
(Children's Court) Gumla in Criminal Appeal Case No.34/2024
and Judgment dated 19.11.2024 passed by Reema Kumari, learned
Principal Magistrate, Juvenile Justice Board, Gumla and Members,
in Spl. G.R. Case No.83/2024 in connection with Gumla P.S. Case
No.339/2023 are set aside.
12. Thus, this Criminal Revision Application No.232 of 2025
is allowed.
13. Let a copy of this order be sent to the Office of
Superintendent of Police, Gumla for the needful.
(Sanjay Prasad, J.)
Nishant/-
