Jharkhand High Court
Yogendra Kumar Mahto @ Yogendra Mahto @ ... vs The State Of Jharkhand on 20 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.300 of 2024
....
Yogendra Kumar Mahto @ Yogendra Mahto @ YM, aged about
17 years, son of Arun Mahto, represented through his father and
natural guardian Arun Mahto, aged about 46 years, son of Govind
Mahto, Both resident of Village Basadih, Tilaiyatand, P.O. Jarwa,
Indra, P.S. Charhi, Dist. Hazaribag
......Appellant
Versus
The State of Jharkhand ......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Mr. Rajesh Kumar, Advocate
For the State : Mr. Ajay Kumar Pathak, APP
......
Order No.07/20.03.2025
This Criminal Appeal has been filed on behalf of the
appellant under Section 101(5) of the Juvenile Justice (Care and
Protection of Children) Act, 2015.
2. This Criminal Appeal has been filed on behalf of the
appellant by challenging the order dated 05.03.2024 passed in
Misc. Criminal Application No.2365 of 2023 by Sri Shatrunjay
Kumar Singh, learned Addl. Sessions Judge-I-Cum-Children's
Court, Hazaribagh in connection with Children Case No.06 of
2023 arising out of Charhi P.S. Case No.52 of 2022 instituted for
the offences under Sections 302, 201/34 of IPC by which the
prayer for bail of the appellant has been rejected.
3. Heard learned counsel for the Appellant and learned APP
for the State.
4. Learned counsel for the Appellant submitted that the
impugned judgment is illegal, arbitrary and not sustainable in the
eye of law. It is submitted that the FIR was lodged against Munsi
Mahto by the informant and the appellant is not named in the FIR.
However, the name of the appellant has come on the basis on
confessional statement of FIR named accused Munsi Mahto. It is
further submitted that the said Munsi Mahto has been acquitted by
the Juvenile Justice Board dated 09.12.2024 passed in G.R. Case
No. 2104 of 2022, Enquiry No. 180 of 2024 and the certified copy
of the said Judgment dated 09.12.2024 has been produced by the
learned counsel for the Appellant during course of argument of this
appeal. It is submitted that the appellant is in custody since
31.07.2022 till date only charges has been framed against him and
hence he may be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer
for bail and submitted that the appellant has been named on the
basis of confessional statement of co-accused Munsi Mahto who is
the brother of the appellant. It is submitted that the appellant with
other accused persons had also assaulted the deceased due to which
he died.
6. Perused the case and records of this case and the case
diary submitted by the learned APP.
7. It appears that the informant Suresh Bhuniyan had lodged
the FIR against one Munsi Mahto for committing the murder of
his son in association with unknown associates and for concealing
the dead body of the deceased namely Mannu Kumar Bhuiyan.
8. It appears that the dead body of the deceased i.e. the son
of the informant was recovered on 30.07.2022 on the basis of the
confessional statement by Munsi Mahto who is named in the FIR
itself, whereas the FIR was lodged on 18.07.2022 and the name of
Juvenile Appellant has come during the confessional statement of
said Munsi Mahto. It also appears that the appellant is admitted his
guilt in his confessional statement.
9. It appears from the Para 33 of the confessional statement
of the appellant has been recorded and the appellant is in custody
since 31.07.2022 i.e. for more than two (2) years and seven (07)
months and till date only charges have been framed against him.
10. It appears from the certified copy of the judgment dated
09.02.2024 passed by Ms. Priya Kumari, Principal Magistrate,
Juvenile Justice Board, and Binit Kumari Jain, Member, Juvenile
Justice Board, and Priti Sinha, Member, Juvenile Justice Board, in
GR case No.2104 of 2022, Enquiry No.180 of 2024 that FIR
named accused Munsi Mahto has been acquitted by the learned
Juvenile Justice Board, Hazaribagh. Let the certified copy of the
judgment be kept on record.
11. Considering the facts and circumstances of this case and
also considering the custody of the appellant, the appellant namely
Yogendra Kumar Mahto @ Yogendra Mahto @ YM, is directed to
be released on bail in care and supervision of his natural guardian
and father namely Arun Mahto on furnishing bail bonds of
Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like
amount each to the satisfaction of Sri Shatrunjay Kumar Singh,
learned Addl. Sessions Judge-I-Cum-Children's Court, Hazaribagh
or his Successor Court in connection with Children Case No.06 of
2023 arising out of Charhi P.S. Case No.52 of 2022 subject to
condition that the father of the juvenile appellant will submit his
mobile number and self attested copy of his Aadhar Card before
the learned Court below, which he 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-appellant as
and when required and they shall not leave the jurisdiction of the
learned Trial Court without prior permission.
12. Therefore, in view of the above, the judgment dated
05.03.2024, passed by learned Addl. Sessions Judge-I-Cum-
Children's Court, Hazaribag in Misc. Cr. Application No.2365 of
2023 is set aside.
13. Thus, this Criminal Appeal (SJ) No.300 of 2024 is
allowed and stands disposed of.
14. Let a copy of this order be sent to the learned Court
below.
(Sanjay Prasad, J.)
Nishant/-
