Bittu Kumar @ Bittu Ram vs The State Of Bihar
2023 Latest Caselaw 3438 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No.837 of 2023
 Arising Out of PS. Case No.-60 Year-2022 Thana- MUFFASIL District- West Champaran
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BITTU KUMAR @ BITTU RAM Son of Ramayan Ram Under the Guardianship of his father namely Ramayan Ram R/v- Kohara Bhawanipur, P.S.- Srinagar Pujha, District- West Champaran

... ... Appellant/s Versus The State of Bihar

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

For the Appellant/s : Mr. Umesh Kumar Gupta, 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. appearing 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 14.12.2022 passed by Additional District & Sessions

Judge 1'st-cum-Special Judge (SC/ST), Bettiah, West Champaran

in connection with Bettiah (M) P.S. Case No. 60 of 2022.

3. Learned counsel appearing for the appellant

submits that the appellant is innocent and has been falsely

implicated in the instant case due to land dispute with his uncle.

The appellant has been languishing in custody since 15.02.2022 Patna High Court CR. APP (SJ) No.837 of 2023 dt.01-08-2023

and there is no likelihood of the appeal to be taken up for

hearing in near future.

4. The probation report mentions that the

appellant's family has no criminal antecedent. He has done his

matriculation and doing his intermediate. The parents have

stated that, if released, the appellant will complete his studies.

The report suggests that the appellant shall be be kept under

special protection and care for his rehabilitation.

5. Considering the submissions made above and the

unlikelihood of the appeal to be taken up for hearing in near

future, the prayer for suspension of sentence and grant of bail to

the appellant is allowed. Let the appellant (juvenile), above

named, be enlarged on bail on execution of surety bond by his

father giving undertaking that he 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