Citation : 2025 Latest Caselaw 413 Jhar
Judgement Date : 5 June, 2025
2025:JHHC:14498
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.518 of 2025
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Pankaj Kumar Dangi, aged about 16 years, son of Mahendra Dangi, resident of Village-Mahuda, P.O. Karni, P.S. Itakhori, District Chatra through his natural guardian and father Mahendra Dangi, son of Late Tejan Mahto, resident of Village Mahuda, P.O. Karni, P.S. Itakhori, District Chatra (Jharkhand).
.......... Petitioner(s).
-Versus-
The State of Jharkhand . ........ Opp. Party.
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner(s) : Mr. Anurag Kashyap, Advocate For the State : Mr. Vineet Kumar Vashistha, APP.
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th 02/Dated: 05 June, 2025
Heard learned counsel for the parties.
2. The present revision application has been filed against the judgment and order dated 29.04.2025 passed by learned Special Judge, Child Act Cases-cum-Additional Sessions Judge-1, Chatra in Criminal (Juvenile) Appeal No.13 of 2025 whereby and whereunder the appeal preferred under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, against the order dated 15.04.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Chatra, in MCA No.874 of 2025 arising out of Itakhori P.S. Case No.44 of 2024 Registered under Sections 18(b), 28 & 29 of the NDPS Act, 1985 has been dismissed.
3. It is alleged that the on the basis of confidential information received at 1.15 hours on 08.04.2024 that in the house of father of the petitioner brown sugar powder was being prepared illegally from opium. On the basis of said information, Itakhori P.S. Senha No.04 of 2024 dated 08.04.2024 was registered and on the basis of information a raid was conducted and during the course of search two mobile phones and one machine, which was meant to prepare brown sugar along with two plastic drums containing about 204.4 kg. of brown colour and one gas cylinder, oven, clothes, weighing machine, plastic about 100 pieces, jack and earthlike substances weighing 25.400 kg. had been found and on being asked they said that the aforesaid materials were being used to prepare the brown sugar and no valid paper were
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produced by the accused persons and on that basis an F.I.R. was lodged being Itkhori P.S. Case No.44 of 2024.
4. The juvenile is aged about 16 years, who is in custody since 08.04.2024 has approached this Court for his release on bail through is father, who is ready and willing to keep this juvenile under his proper care and custody. It is submitted by the petitioner that the petitioner is innocent and has committed no offence as alleged in the F.I.R. and he has been falsely implicated in this case. It is further submitted that there is no such article has been recovered from his conscious and exclusive possession.
5. Learned APP has vehemently opposed the prayer for bail of the juvenile.
6. Having regard to the facts of the case, I am inclined to grant privilege bail to the petitioner. Accordingly, the petitioner is directed to be release on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of this like amount each to the Satisfaction of learned Principal Magistrate, Juvenile Justice Board, Chatra in connection with Itakhori P.S. Case No.44 of 2024 subject to the condition that one of the bailors must be the one of the parents of the petitioner.
7. Further, the concerned Probation Officer is directed to report, once in a month to the Juvenile Justice Board, Chatra regarding up keeping of minor. The Board is at liberty to take the juvenile in custody, if anything adverse is reported against the juvenile.
8. Accordingly, the instant criminal revision is allowed and the impugned judgment and order 29.04.2025 passed by learned Special Judge, Child Act Cases-cum-Additional Sessions Judge-1, Chatra in Criminal (Juvenile) Appeal No.13 of 2025, is hereby, set aside.
(Deepak Roshan, J.)
Sandeep/Rahul
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