Neutral Citation No. ( 2026:JHHC:2160 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 816 of 2024 ---------- Bunty Kumar Sah @ Banti Kumar @ Banti Sah, aged about 17 years, son of Etwari Sah, Resident of Gram Khaira, Ratanpur, P.O. and P.S.-Makduma, District- Banka, State-Bihar, represented through his father and natural guardian Etwari Sah, aged about 46 years, son of Sushil Sah, Resident of Gram Khaira, Ratanpur, P.O. and P.S..-Makduma, District-Banka, State-Bihar ..… Appellant Versus 1.The State of Jharkhand 2.Raj Kumari Hembrom ….. Respondents ---------- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellant : Mr. R.S. Majumdar, Sr. Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. For the Resp.No.2 : Mr. Ashutosh Pd. Joshi, Advocate ---------- 11/12.01.2026 It appears from the report sent by Sri Kumar Pawan, Presiding Officer, Children Court, Godda, vide Letter No.323 dated 22.12.2025 that two out of nine prosecution witnesses have been examined so far. 2. Heard Mr. R.S. Majumdar, learned counsel for the appellant, Mr. Shailesh Kr. Sinha, learned A.P.P. and Mr. Ashutosh Pd. Joshi, learned counsel for the Informant. 3. This Criminal Appeal has been filed on behalf of the appellant under Section 101(5) of Juvenile Justice (Care and Protection of Children) Act in connection with Children Case No. 18 of 2024, arising out of Poraiyahat P.S. Case No. 114 of 2023, instituted for the offence under Section 394/302 of I.P.C. and Section 27 of Arms Act. Neutral Citation No. ( 2026:JHHC:2160 ) 2 4. The prosecution case as alleged by the informant, in brief, is that in the morning of 12.06.2023, husband of the informant, namely Bishnudev Murmu went outside on Apache Motorcycle bearing Registration No. JH-21N-1031 telling his wife that he will take halt at night at Saraiyahat and on 13.06.2023, he will go to Borio for some company work. On 13.06.2023 at about 09.00 PM, she talked to her husband in his Mobile No. 9334839619 and her husband told that he had left from Godda. At about 11.00 PM, she was informed by Village Chaukidar that her husband was killed by bullet by unknown persons near Baradih in Poraiyahat Police Station, who took away his motorcycle and purse and when she reached there along with her family members, she found that her husband was dead and there was bullet injury on his left chest. 5. Learned Sr. counsel for the appellant submitted that the appellant is innocent and has committed no offence. It is submitted that the appellant is not named in the F.I.R. and he has been arrested on mere suspicion. It is submitted that there is no evidence against the appellant for implicating him in this case. It is submitted that the Investigating Officer has not made proper investigation in the case and submitted chargesheet against the appellant and others under Sections 302/34, 397 of I.P.C. It is submitted that the appellant has been declared juvenile and his trial is pending before Neutral Citation No. ( 2026:JHHC:2160 ) 3 the learned Children Court, Godda and he is in custody since 29.06.2023. It is submitted that the appellant has been implicated in this case on the confession of the co-accused Shubham Kumar Sah and the Motor Cycle of the deceased was recovered from near the shop of said Shubham Kumar Sah. It is submitted that the co-accused, namely Shubham Kumar Sah has been granted bail by the Co-ordinate Bench (Mr. Justice Ambuj Nath, as His Lordship then was) of this Court vide order dated 23.01.2024 passed in B.A. No. 9351 of 2023 and since the case of the appellant stands on the same and similar footing and hence, the appellant may be enlarged on bail. 6. On the other learned A.P.P. has opposed the prayer for bail. It is submitted that though the appellant is not named in the F.I.R., however his name surfaced during course of investigation, on the basis of confession of co-accused Subham Kumar Sah. It is submitted that the appellant has also confessed his guilt in Para 81 of the Case Diary and co-accused Mohit Sah has confessed his guilt at Para 102 of the Case Diary and hence, prayer for bail of the appellant may be rejected. 7. Learned counsel for the Informant, after adopting the argument of the learned A.P.P., has further submitted that the appellant is involved in commission of murder of the husband of the Neutral Citation No. ( 2026:JHHC:2160 ) 4 Informant. It is submitted that at Para 63 of the Case Diary would reveal that the mobile location of the appellant was found near the place of occurrence. It is submitted that the bail of the appellant has already been rejected by the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court vide Order dated 09.08.2024 passed in Criminal Revision No. 572 of 2024 and hence, prayer for bail may be rejected. 8. Perused the Trial Court Record and considered the submission of both the sides. 9. It appears from the F.I.R. that on 12.06.2023, the husband of the Informant had gone outside his house for some official work and later on she learnt that her husband, namely Vishnu Dev Murmu, has been shot by some miscreant, who fled away with his Motor Cycle and Purse. 10. It appears that during the course of investigation Police has recovered the motor cycle from near the house of co-accused Shubham Kumar Sah, who has confessed his guilt at Para 29 of the Case Diary for having committed the crime along with Mohit Sah and Bunty Kumar Sah @ Banti Kumar @ Banti Sah. 11. It further appears that the said Shubham Kumar Sah has been granted bail vide by the Co-ordinate Bench (Mr. Justice Ambuj Nath, as His Lordship then was) of this Court vide order dated 23.01.2024 passed in B.A. No. 9351 of 2023. 12. It appears that the appellant had earlier filed Criminal Revision No. 572 of 2024 as he was Neutral Citation No. ( 2026:JHHC:2160 ) 5 declared juvenile by that time, however, the bail of the appellant was rejected by the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court vide Order dated 09.08.2024 passed in Criminal Revision No. 572 of 2024 vide order dated 09.08.2024, i.e after grant of bail to the accused Shubham Kumar Sah by the Co-ordinate Bench (Mr. Justice Ambuj Nath, as His Lordship then was) of this Court vide order dated 23.01.2024 passed in B.A. No. 9351 of 2023. 13. Thereafter, this Court, vide order dated 25.03.2025 has observed for placing the case before the appropriate Bench after taking permission of the Hon’ble the Chief Justice, however, this case has been assigned to this Court and as such this case is being heard today. 14. It appears that the appellant has not been named in the F.I.R., however, his name surfaced in this case on the basis of confession of co-accused Shubham Kumar Sah, which finds place at Para 29 of the Case Diary and the looted Motor Cycle of the husband of the Informant was recovered from his possession. Para 30 of the Case Diary is the Seizure List of the said Motor Cycle. Even on the confession of the co-accused, Motor Cycle of the deceased was recovered from his house, which finds place in Para 34 of the Case Diary. 15. It further reveals that the appellant Bunty Kumar Sah and co-accused Mohit Sah were also arrested on the basis of confessional statement of Neutral Citation No. ( 2026:JHHC:2160 ) 6 co-accused Shubham Kumar Sah. Thus, confession statement of appellant Bunty Kumar Sah has been mentioned in Para 81 of the Case Diary, whereas the confession of another co-accused Mohit Sah has been recorded at Para 111 of the Case Diary. 16. It transpires that the Social Investigation Report is also not in favour of the appellant. 17. As the bail of the appellant has already been rejected by the Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court vide Order dated 09.08.2024 passed in Criminal Revision No. 572 of 2024 and the trial is in progress as Two (02) out of Nine (09) witnesses have been examined, this Court is not inclined to enlarge the appellant on bail at this stage. 18. However, the learned Trial Court is directed to conclude the trial as expeditiously as possible, preferably within a period of Six (06) months from the day of receipt of a copy of this order. 19. Thus, this Criminal Appeal (S.J.) No. 816 of 2024 is, hereby, dismissed. (Sanjay Prasad, J.) s.m. Dated 12.01.2026