AVINASH KUMAR ALIAS ABHINASH KUMAR ALIAS OVI v. THE STATE OF JHARKHAND
Cr.Rev./195/2025 · 2025-03-26
Sanjay Prasad
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6231 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6231 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 195 of 2025
Avinash Kumar @ Abhinash Kumar @ Ovi, aged about 17 years, son of Sikandar Rawani, represented through his Father Sikandar Rawani aged about 44 years , son of Sukhdeo Rawani, Resident of J.C. Mallick Road, Hirapur, P.O. and P.S. – Dhanbad, District- Dhanbad
…… Petitioner Versus
The State of Jharkhand
…… Opposite Party
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
----- For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate
For the State : Mr. Ruby Pandey, A.P.P.
…..
Order No. 03/ Dated:26.03.2025
This Criminal Revision 195 of 2025 has been filed on behalf of the petitioner under section 102 of the Juvenile Justice (Care and Protection of Children Act, 2015) challenging the judgment dated 27.01.2025 in Criminal Appeal No.17 of 2025 passed by Sri Rajni Kant Pathak, learned Special Judge, Children Court, Dhanbad by rejecting the bail of the juvenile petitioner and by which learned Special Judge, Children Court , Dhanbad has dismissed the appeal by affirming the order dated 08.01.2025 passed by the learned Principal Magistrate and the learned Member , Juvenile Justice Board, Dhanbad in connection with Saraidhela P.S. Case No. 289 of 2024 for the offence under section 25(1-B) (a) of the Arms Act . 2. As per the F.I.R., it is alleged that the confessional statement of the juvenile petitioner one country made pistol and two (02) live cartridges were recovered from the bushes situated in front of Mira Enclave, Bhuiphore Mandir, P.S. Saraidhela. 2
3. Heard learned Senior Counsel for the petitioner and learned A.P.P.
4. It is submitted by the learned Senior counsel for the petitioner that impugned judgment dated 27.01.2025 passed by Sri Rajni Kant Pathak, learned Special Judge, Children Court , Dhanbad and order dated 08.01.2025 passed by Juvenile Justice Board, Dhanbad are illegal, arbitrary and not sustainable in eye of law. It is submitted that this is the case of recovery of one country made pistol and two (02) live cartridges on the basis of confessional statement of the juvenile petitioner. It is submitted that the juvenile petitioner is in custody since 22.12.2024 and hence, the juvenile petitioner may be enlarged on bail. 5. On the other hand, learned A.P.P. appearing for the State has opposed the prayer for bail and has submitted that on the basis of confessional statement of the juvenile petitioner, one country made pistol and two (02) live cartridges were recovered from the bushes. It is further submitted that the arms recovered were found in working condition and hence, prayer for bail may be rejected. 6. Perused the record of this case and considered the submission of both the sides. 7. It appears that on the basis of confessional statement of the juvenile petitioner, one country made pistol and two (02) live cartridges were recovered from the bushes in front of Mira Enclave, Bhuiphore Mandir, Saraidhela . 8.
It appears that the juvenile petitioner is in custody since 22.12.2024 i.e. about three months. 9. Considering the custody of the juvenile petitioner and on the fact and circumstance of this case ,this juvenile petitioner namely Avinash Kumar @ Abhinash Kumar @ Ovi is directed to be released in the custody on his father on furnishing bail bond of
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Rs.10,000/- (Rupees Ten Thousand only ) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Saraidhela P.S. Case No. 289 of 2024 subject the condition that the Father of the juvenile petitioner shall 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 the pendency of this case and father of the juvenile petitioner shall not leave the jurisdiction of the District –Dhanbad and without prior permission of the learned Court below. 10. Therefore in view of above the judgment dated 27.01.2025 passed by Sri Rajni Kant Pathak, learned Special Judge, Children Court , Dhanbad and order dated 08.01.2025 passed by the learned Principal Magistrate and the learned Member, Juvenile Justice Board, Dhanbad are set aside. 11. Thus this Criminal Revision No. 195 of 2025 is allowed and stands disposed
(Sanjay Prasad, J.)
Bibha/