Neutral Citation No. ( 2025:JHHC:15294 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 397 of 2025 1. Suraj Ray @ Suraj Kumar Ray aged about 18 years, son of Subhash Chandra Ray resident of village Nayasankho, P.O. Nayasankho, P.S. Deori, District Giridih 2. Shivam Ray @ Shivam Kumar Ray, aged about 17 years , son of Kishan Kumar Ray, resident of Village Binkhodih, P.O. Chitardih, P.S. Jamua, District –Giridih … Appellants Versus The State of Jharkhand …… Respondent ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellants : Mr. Ram Nivas Roy, Advocate For the State : Mr. Vineet Kumar Vashistha, Spl.P.P. ….. Order No. 03/ Dated: 11.06.2025 This Criminal Appeal has been filed on behalf of the appellants under section 101(5) of the Juvenile Justice (Care and Protection of Children Act, 2015) by challenging the order dated 29.11.2024 in MCA No. 1731 of 2024 ( Children Case No. 13 of 2024) passed by Shri Manoj Chandra Jha, the learned Additional Session’s Judge-1-cum-Children Court Giridih in connection with Jamua P.S. Case No. 75 of 2024 instituted for the offences under Sections 341, 342, 324, 325 , 307, 379 and 302 of IPC by which the prayer for bail of the appellants have been rejected . 2. As per the FIR the appellants and the other accused persons as named in the FIR, are alleged to have assaulted the parents and Grandparents of the Informant and due to which the parents and Grandparents were admitted to Hospital. 3. Heard learned counsel for the appellants and learned counsel for the State. 4. Learned counsel for the appellants submitted that the impugned order passed by the learned Courts below is illegal, arbitrary and not sustainable in eye of law. It is submitted that Neutral Citation No. ( 2025:JHHC:15294 ) 2 the appellants are juvenile and have not committed any offence. It is submitted that there is general and omnibus allegation against the appellants for assaulting the parents and grandparents of the Informant. It is submitted that entire family members of the appellants have been implicated in this case. It is submitted that three (03) accused persons namely Anand Rai @ Anand Kumar Ray, Kishan Ray @ Kishan Kumar Ray and Bablu Ray @ Subhash Chandra Ray have been enlarged on bail vide order dated 25.02.2025 in B.A. No. 10140 of 2024 passed by the Co-ordinate Bench ( Hon’ble Mr. Justice Ambuj Nath). However the appellants are good student and have got no criminal antecedent. It is submitted that the pairvikar of the appellants is the Maternal Uncle who is the permanent resident of Rajdhanwar, Giridih and has also having ancestral house and landed property in Rajdhanwar. It is submitted that the appellants are in custody since 02.04.2024 and hence the appellants may be enlarged on bail. 5. On the other hand, learned Special P.P has opposed the prayer for bail. It is submitted that the appellants had assaulted the parents and grandparents of the Informant and due to which the father of the Informant had sustained injuries. It is submitted that even Social Investigation Report of the appellants suggest that there is lack of discipline and proper supervision of the appellants through their parents and hence their prayer for bail may be rejected. 6. Perused the Lower Court Records, Social Investigation Report of the appellants and considered the submissions of both the sides. 7. It appears that the Informant had lodged the FIR against the appellants and several other persons for assaulting his Neutral Citation No. ( 2025:JHHC:15294 ) 3 parents and grandparents giving arise to Jamua P.S. Case No. 75 of 2024 instituted for the offences under sections 341, 342, 323, 324, 325, 307 and 379 of the I.P.C. on 26.03.2024 and later on under section 302 of the IPC was added on 02.04.2024. 8. It appears from the FIR that there are general and omnibus allegation against the appellants and there is no specific allegation against the appellant No. 1 Suraj Ray @ Suraj Kumar Ray . 9. It appears that three (03) accused persons namely Anand Rai @ Anand Kumar Ray, Kishan Ray @ Kishan Kumar Ray and Bablu Ray @ Subhash Chandra Ray have been enlarged on bail vide order dated 25.02.2025 in B.A. No. 10140 of 2024 passed by the Co-ordinate Bench ( Hon’ble Mr. Justice Ambuj Nath) of this case. 10. Considering the facts and circumstances of this case and also considering the custody of the appellants, the appellants namely Suraj Ray @ Suraj Kumar Ray and Shivam Ray @ Shivam Kumar Ray are directed to be released on bail in care and supervision of their Maternal Uncle on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Shri Manoj Chandra Jha, the learned Additional Session’s Judge-1-cum- Children Court Giridih or his Successor Court in connection with in MCA No. 1731 of 2024 ( Children Case No. 13 of 2024) in connection with Jamua P.S. Case No. 75 of 2024 subject to the condition that the Maternal Uncle of the appellants shall also furnish his self attested copy of his Aadhar Card and also submit his mobile number before the learned Court below and which shall remain active and shall not change his mobile number during pendency of this case before the Neutral Citation No. ( 2025:JHHC:15294 ) 4 learned Court below. 11. Therefore, in view of the above, the order dated 29.11.2024 in MCA No. 1731 of 2024 ( Children Case No. 13 of 2024) in connection with Jamua P.S. Case No. 75 of 2024 passed by Shri Manoj Chandra Jha, the learned Additional Session’s Judge-1-cum-Children Court Giridih is set aside. 12. Thus, this Criminal Appeal (SJ) No. 397 of 2025 is allowed. (Sanjay Prasad, J.) Bibha/