Jharkhand High Court
Monu Kumar @ Monu Kumar Yadav vs The State Of Jharkhand ...... Opp. Party on 23 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:16566
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 559 of 2025
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Monu Kumar @ Monu Kumar Yadav, aged about 16 years, Son
of Mahendra Yadav, resident of village Karkend Khatal, P.O.
Kusunda, P.S. Putki, District-Dhanbad, represented through legal
guardian and mother of Juvenile, Malo Devi aged about 41 years
wife of Mahendra Yadav, resident of village-Karkend Khatal,
P.O.-Kusunda, P.S. Putki, District-Dhanbad.
...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate
For the State : Ms. Mohua Palit, APP
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rd
04/Dated:23 June, 2025
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 Juvenile-
Petitioner 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
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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. It is submitted that the petitioner has also
criminal antecedent and it is admitted in his confessional statement
for assaulting and snatching some amount from one Vijay Kumar
Mishra and his friends and hence release of the Juvenile-petitioner
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would expose him to hardened criminals and hence the prayer for
bail of the juvenile-petitioner may be rejected and the Criminal
Revision Application may be dismissed.
6. Perused the FIR and the impugned judgments passed by
the learned Court below and considered the submission of both the
sides.
7. It appears that on 05.01.2025 the petitioner along with one
co-accused Dipu Pandey @ Dipu Kumar Pandey was arrested by
the police along with two (02) live cartridges of KF 7.65 mm each.
8. It appears that one co-accused namely Dipu pandey @
Dipu Kumar Pandey has already granted bail by the learned
Additional Sessions Judge-IV, Dhanbad in Bail Petition No.165 of
2025 vide order dated 20.03.2025.
9. Cconsidering the custody of the Juvenile petitioner and
also considering that the co-accused- Dipu Pandey @ Dipu Kumar
Pandey has been granted bail by Sri Prafull Kumar, learned
Additional Sessions Judge-IV, Dhanbad in Bail Petition No.165 of
2025, the juvenile petitioner-Monu Kumar @ Monu Kumar Yadav
is directed to be released on bail in care and supervision of his
mother namely, Malo Devi on furnishing bail bonds of Rs.15,000/-
(Rupees Fifteen Thousand) with two sureties of the like amount
each to the satisfaction of the learned In-charge Principal
Magistrate of the Juvenile Justice Board, Dhanbad in connection
with Putki P.S Case No.04 of 2025 and the mother of the juvenile-
petitioner will submit her Aadhar Card and mobile number before
the learned Court below, which she will always keep active and
will not change it, during the pendency of this case, without prior
permission of the Court and shall produce the juvenile-petitioner
as and when required.
10. Accordingly, in view of the above, the judgment dated
21.03.2025 passed by Sri Rajni Kant Pathak, learned Special
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Judge, Children Court, Dhanbad in Criminal Appeal No.50 of
2025 and 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, are set
aside.
11. Thus, the Criminal Revision No.559 of 2025 is allowed
and stands disposed of.
(Sanjay Prasad, J.)
Saket/
