1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No. 582 of 2024 --------- Piyush Patro, aged about 17 years, son of Late Gobardhan Patro, resident of Village-Shankarpur, P.O. + P.S.- Parsudih, Jamshedpur District-East Singhbhum, Jamshedpur, represented through his mother and natural guardian namely Belwati Patro, wife of late Gowardhan Patro, resident of Village-Shankarpur, Sarmanda, P.O.+P.S.-Parsudih, District-Jamshedpur (East Singhbhum) ..… Petitioner Versus The State of Jharkhand ….. Opp. Party ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD --------- For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the State : Mr. Ajay Kr. Pathak, A.P.P. --------- 05/27.01.2025 This Criminal Revision Application has been filed on behalf of the Juvenile in conflict with law challenging the judgment dated 06.04.2024, passed by Shri Rajendra Kumar Sinha, the learned Additional Sessions Judge-Ist, East Singhbhum, Jamshedpur in Criminal Appeal No. 59 of 2024, by which prayer for bail of the juvenile-Petitioner has been rejected affirming the order dated 01.03.2024, passed by the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur in connection with Golmuri P.S. Case No.01 of 2024 for the offence under Sections 364,307,323,341/34 of I.P.C. and Section 25(1-B)(a)/26/35 of Arms Act, by which the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur has rejected prayer for bail. 2. The prosecution case, in brief, is that the Informant Bimarjeet Pradhan, being ENT Doctor by profession, on 02.01.2024 at about 8.00 P.M. in the evening, went out from Gulshan Medical, Golmuri to go to his home and reached near his car, which was parked beside the 2 Hanuman Temple, Golmuri and saw that one boy is standing nearby his car. Then, he objected to him regarding parking of his car there, but as soon as he opened the door of his car then the said boy pushed him inside the car and started assaulting him. In the meantime, another boy entered into his car from another door and started to pull him inside of the car, then he started to raise alarm, then they showed revolver to him but after hearing his alarm, some people came towards him. Thereafter, both the accused persons started to flee away leaving him but both of them were caught hold of by the police. It is further alleged that when police inquired from them, then they disclosed their names as Ashok Kumar and Ravi Shankar Singh and the police recovered one country made loaded pistol and one cartridge from the possession of accused Ashok Kumar Singh, and from the possession of Ravi Shankar Singh, one live cartridge had been recovered. 3. Learned counsel for the juvenile-petitioner has submitted that the impugned judgment and order passed by then learned Additional Sessions Judge-Ist, East Singhbhum, Jamshedpur and learned Principal Judicial Magistrate, Juvenile Justice Board, Jamshedpur respectively are illegal, arbitrary and not sustainable in the eye of law. It is submitted that the petitioner had neither attempted to kidnap the Doctor nor assaulted him. It is submitted that the juvenile-petitioner has been named on the basis of confession of the co-accused namely Ashok Kumar Singh and Ravi Shankar Singh. It is submitted that the juvenile has not been apprehended on the spot and nothing has been recovered from his possession. It is submitted that the co-accused, namely Ashok Kumar Singh @ Ashok Kr. Singh has been granted bail in B.A. No.5439 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Pradeep Kumar Srivastava) of this 3 Court vide order dated 26.07.2024. It is further submitted that Co-accused Samir Patar has been granted bail in B.A. No. 5204 of 2024 by the Co-ordinate Bench (Justice Subhash Chand) of this Court vide order dated 22.08.2024 and another Co-accused Ravi Shankar Singh has been granted bail in B.A.7487 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Navneet Kumar) vide order dated 03.09.2024. Learned counsel for the petitioner has produced the Web copies of the aforesaid bail orders by which bail were granted to the Co- accused persons, namely Ashok Kr. Singh, Samir Patar and Ravi Shankar Singh. It is submitted that the beneficial provisions of Section 12 of the Juvenile Justice (Care & Protection of Children) Act may be applied in favour of the petitioner. It is submitted that the juvenile-petitioner is in custody since 08.01.2024. and hence, he may be enlarged on bail. 4. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that the juvenile has also confessed his guilt in the crime, hence, the prayer for bail may be rejected. However, he has not put objection to the Web copies of the orders produced by the learned counsel for the juvenile-petitioner, by which co-accused, namely Ashok Kumar Singh @ Ashok Kr. Singh has been granted bail in B.A. No.5439 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Pradeep Kumar Srivastava) of this Court on 26.07.2024, Co-accused Samir Patar has been granted bail in B.A. No. 5204 of 2024 by the Co-ordinate Bench (Justice Subhash Chand) of this Court on 22.08.2024 and another Co-accused Ravi Shankar Singh has been granted bail in B.A.7487 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Navneet Kumar) on 03.09.2024. 4 5. Perused the Social Investigation Report of the juvenile-Petitioner and heard learned counsel for both the sides. 6. Considering the submissions of both the sides, it appears that the Co-accused Ashok Kumar Singh was apprehended with one Desi Katta and one live cartridge, whereas other co-accused Ravi Shankar Singh was apprehended with one live cartridge while they were trying to kidnap the Informant of this case and they were said to be apprehended by the people and handed over to the police. 7. It appears that the juvenile-petitioner is not named in the F.I.R. 8. However, from record it transpires that nothing has been recovered from the possession of the juvenile petitioner. 9. It appears that the co-accused namely Ashok Kumar Singh @ Ashok Kr. Singh has been granted bail in B.A. No.5439 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Pradeep Kumar Srivastava) of this Court on 26.07.2024, Co-accused Samir Patar has been granted bail in B.A. No. 5204 of 2024 by the Co-ordinate Bench (Justice Subhash Chand) of this Court on 22.08.2024 and another Co- accused Ravi Shankar Singh has been granted bail in B.A.7487 of 2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Navneet Kumar) on 03.09.2024. 10. It further appears that the petitioner is in custody since 08.01.2024. 11. Considering the period of custody of the petitioner and the fact that the other co-accused persons, namely Ashok Kumar Singh @ Ashok Kr. Singh, Samir Patar and Ravi Shankar Singh have been granted bail by the Co- ordinate Bench of this High Court, the juvenile-Petitioner, 5 namely Piyush Patro, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur/or the Successor Court, in connection with Golmuri P.S. Case No.01 of 2024 and it is further directed that the juvenile-Petitioner be handed over to the mother of the juvenile, namely Belwati Patro, who shall produce the juvenile before the J.J. Board as and when required and shall submit her mobile number before the 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. 12. Consequently, the judgment dated 06.04.2024, passed by Shri Rajendra Kumar Sinha, the learned Additional Sessions Judge-Ist, East Singhbhum, Jamshedpur in Criminal Appeal No. 59 of 2024 and the order dated 01.03.2024, passed by the learned Principal Magistrate, Juvenile Justice Board, Jamshedpur in connection with Golmuri P.S. Case No.01 of 2024 are set aside. Thus, this Criminal Revision Application No. 582 of 2024 is allowed. (Sanjay Prasad, J.) s.m.