Rohit Kumar @ Anki @ Ankey vs The State Of Bihar
2023 Latest Caselaw 3433 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No.1656 of 2023
      Arising Out of PS. Case No.-881 Year-2021 Thana- NAGAR District- Vaishali
======================================================

ROHIT KUMAR @ ANKI @ ANKEY Son of Dinanath Thakur Resident of mohalla-Nakhas Chok, Sidhi Ghat Road, P.S.-Hajipur Town, District-Vaishali

... ... Appellant/s Versus THE STATE OF BIHAR

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bela Singh, Adv. For the Respondent/s : Mr. Abhay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 01-08-2023

1. Heard learned counsel for the appellant and learned A.P.P. for the State.

2. This is an appeal under Section 101(5) of the

Juvenile Justice (Care and Protection of Children) Act, 2015

against refusal of the prayer for bail to the appellant by order

dated 08.02.2023 passed by Additional District & Sessions

Judge-I-cum-Special Judge, Vaishali at Hajipur in connection

with Hajipur Town P.S. Case No. 881 of 2021.

3. On bare perusal of provision of Section 12 of the

Juvenile Justice (Care and Protection and of Children) Act,

2015, it appears that Juvenile in conflict with law shall be

released on bail unless there appears reasonable grounds for

believing that the release is likely to bring him into association Patna High Court CR. APP (SJ) No.1656 of 2023 dt.01-08-2023

with any known criminal or expose him to moral, physical or

psychological danger or that his release would defeat the ends of

justice.

4. The impugned order mentions that considering

the nature of allegations against the appellant, releasing him on

bail would defeat the ends of justice.

5. The existence of the aforesaid ground should not

mean guesswork but it should be supported by some evidence

on record such as report of the Probation Officer etc. The

Children Court has not recorded any such evidence in support of

its finding. The report of the Probation Officer does not mention

anything as contained in proviso to Section 12 of the said Act.

6. The probation report mentions that the appellant

needs rehabilitation and there is strict instruction to keep him

under the protection of his family members.

7. As such, the rejection of the prayer for bail of the

appellant is unjustified and against the intention of the provision

of Section 12 of the Juvenile Justice (Care and Protection of

Children) Act, 2015. The same is, accordingly, set aside.

8. Let the appellant, above named, be enlarged on

bail on execution of surety bond by either of the parents of the Patna High Court CR. APP (SJ) No.1656 of 2023 dt.01-08-2023

appellant or in absence thereof, by his/her close relative giving

undertaking that he/she shall keep proper care and upkeep of the

appellant and shall fully co-operate in the pending enquiry/trial.

(Arvind Srivastava, J) anuradha/-

AFR/NAFR
CAV DATE
Uploading Date          03.08.2023
Transmission Date