Vijay Kumar Sahni vs The State Of Bihar
2023 Latest Caselaw 3782 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.2284 of 2023
    Arising Out of PS. Case No.-116 Year-2020 Thana- KALUAHI District- Madhubani
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VIJAY KUMAR SAHNI S/O SHIVJI SAHNI Resident of Village- Malmal, P.S.- Kaluahi, District-Madhubani, under the Guardianship of Seeta Devi, Grandmother of the Appellant

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

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

For the Appellant/s : Mr. Jitendra Kumar Bharti, Adv. For the Respondent/s : Mr. Zeyaul Hoda, APP Mr. Bimal Kumar, Adv.

Mr. Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 17-08-2023

1. Heard the parties.

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 18.08.2020 passed by the Additional Sessions Judge-cum-

Children Court, Madhubani in connection with E.N. No. 1059

of 2022 arising out of Kaluahi P.S. Case No. 116 of 2020.

3. Learned counsel for the appellant submits that

appellant has been implicated in the present case merely on

suspicion and the fact that the dead body was recovered from

the house of the relative of the appellant. The appellant did not Patna High Court CR. APP (SJ) No.2284 of 2023 dt.17-08-2023

live in the said house. It is further submitted that the appellant

has been languishing in remand home since 30.08.2020.

4. Learned counsel appearing for the State

opposes the prayer for bail of the appellant and submits that the

Court below after considering all the materials available on

record has rejected the prayer for bail of the appellant by a

reasoned order. The order of the Court below mentions that the

allegation against the appellant is heinous in nature. In the

paragraph 124 of the case diary, the appellant himself accepted

his involvement in the alleged occurrence.

5. Vide order dated 04.07.2023, the probation

report with respect to the appellant was called for which has

been received. From perusal of the aforesaid report, it appears

that the Probation Officer has suggested that the situation of the

village of the appellant is stressful because of alleged

occurrence due to which the life of the appellant may be in

danger. The Probation Officer has suggested for keeping him in

special home for his counseling and overall development.

6. Considering the submissions advanced on

behalf of the parties, the materials available on record especially

the report of the Probation Officer, this Court is not inclined to

grant the privilege of bail to the appellant. The prayer for bail of Patna High Court CR. APP (SJ) No.2284 of 2023 dt.17-08-2023

the appellant is, accordingly, rejected.

7. The appeal stands dismissed.

(Arvind Srivastava, J) utkarsh/-

AFR/NAFR
CAV DATE
Uploading Date          21.08.2023
Transmission Date