Sunny Gupta @ Shivam Kumar vs The State Of Bihar
2023 Latest Caselaw 3834 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.2758 of 2023
      Arising Out of PS. Case No.-415 Year-2022 Thana- SAHPUR District- Bhojpur
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SUNNY GUPTA @ SHIVAM KUMAR son of Pramod Gupta Ward NO-7, Nai Bazar, Ps- Buxar Dist- Buxar

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

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

For the Appellant/s : Mr. Kumar Dhirendra Pratap Singh, Adv. For the Respondent/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 18-08-2023

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 30.05.2023 passed by the Additional Sessions Judge-I,

Bhojpur at Ara in connection with B.P. No. 2974 of 2023 in

Children Case No. 21 of 2023 arising out of Shahpur P.S. Case

No. 415 of 2022.

3. On bare perusal of provision of Section 12 of

the Juvenile Justice (Care and Protection 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 with any Patna High Court CR. APP (SJ) No.2758 of 2023 dt.18-08-2023

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 the release

of the appellant would defeat the ends of justice.

5. The existence of the aforesaid grounds should

not mean guesswork but it should be supported by some

evidence on record such as report of the probation officer etc.

The report of the probation officer does not mentions anything

as has been recorded by the Children Court. Further the report

of the probation officer suggests that the appellant is a student

and has passed his matriculation in 2022 with first division. The

financial condition of the family of the appellant is good. The

appellant needs proper guidance of his elders for leading a good

life.

6. 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. Let the appellant, above named, be enlarged on bail on

execution of surety bond by the parents of the appellant giving

undertaking that they will keep proper care and upkeep of the Patna High Court CR. APP (SJ) No.2758 of 2023 dt.18-08-2023

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

7. The appeal stands disposed of.

(Arvind Srivastava, J) utkarsh/-

AFR/NAFR
CAV DATE
Uploading Date          23.08.2023
Transmission Date