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2026 DAILYLAW 20767 (JHR)

MD. ABI WAQUES @ ABI WAQUAS v. THE STATE OF JHARKHAND

Cr.Rev./763/2026 · 2026-07-17

Rongon Mukhopadhyay

body2026

Judgment text

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( 2026:JHHC:21079 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 763 of 2026 ------- Md. Abi Waques @ Abi Waquas, aged about 17 years, son of Afzal Hussain, R/o Qtr. No.44, Parghabad, Nunudih, P.O Patherdih, P.s. Jorapokhar, District Dhanbad, Jharkhand, through its natural guardian father Afzal Hussain, S/o Mohammad Rafique. …... …. Petitioner (s) Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM: HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY -------- For the Petitioner (s) : Mr. Shailesh Kr. Singh, Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P Order No. 02/ Dated 17.07.2026 Heard Mr. Shailesh Kr. Singh, learned counsel appearing for the petitioner and learned A.P.P for the State. This application is directed against the order dated 30.06.2026 passed by the learned Special Judge, Children Court, Dhanbad in Cr. Appeal No.139 of 2026, whereby and whereunder, the order dated 27.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Jorapokhar P.S. Case No.49 of 2026, dismissing the prayer for bail of the petitioner has been affirmed. It has been alleged that the husband of the informant had left his house with the promise to return back soon but he did not return and subsequently, on the next day, his dead body was found lying near BCCL Magazine. Submission has been advanced by the learned counsel for the petitioner that he has been implicated on the confession of co-accused Md. Albax Ansari @ Sidhu. It has further been submitted that the social investigation report is not adverse to the cause of the petitioner and the petitioner is in remand home since 17.04.2026. Learned A.P.P has opposed the prayer made in this application. It appears that it was only on the confessional statement of co-accused Md. Albax Ansari @ Sidhu, the petitioner has been implicated. There are no other incriminating circumstances to indicate the culpability of the petitioner in the commission of the murder and in fact, the petitioner appears to be a student of class-XII and the social investigation report reveals that the behavior of the petitioner is cordial as per the statements of the neighbors. Regard being had to the aforesaid facts, while setting aside the order dated 30.06.2026 passed by the learned Special Judge, Children Court, Dhanbad in Cr. Appeal No.139 of 2026 and the order dated 27.05.2026 passed by the learned Principal Magistrate, Juvenile Justice Board, Dhanbad in connection with Jorapokhar P.S. Case No.49 of 2026, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Dhanbad, in connection with Jorapokhar P.S. Case No.49 of 2026, subject to the condition that the father of the petitioner shall ensure the safety of the petitioner and shall further ensure that the petitioner does not mix with any antisocial elements. This application stands allowed. This application stands allowed. (Rongon Mukhopadhyay, J.) Dated 17/07/2026 BS/-