Ravi Ranjan Kumar @ Ravi Ranjan ... vs The State Of Bihar
2023 Latest Caselaw 3237 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.1922 of 2023
      Arising Out of PS. Case No.-41 Year-2021 Thana- PAWANA District- Bhojpur
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RAVI RANJAN KUMAR @ RAVI RANJAN SINGH Son of Satendra Singh R/V- Pawar, PS- Pawana, Dist- Bhojpur, through her Sister Kavita Devi, Aged about 25 years, Wife of Kamleshwar Singh R/V- Itwa, P.S- Shahpur, Dist- Bhojpur

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

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

For the Appellant/s : Mr. Ravi Ranjan, Adv. For the Respondent/s : Mrs. Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 25-07-2023

Heard the parties.

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

17.03.2023 passed by the Additional Sessions Judge-I, Bhojpur

at Ara in connection with B.P. No. 1658 of 2023 in Special

Children Case No. 13 of 2023 arising out of Pawana P.S. Case

No. 41 of 2021.

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 Patna High Court CR. APP (SJ) No.1922 of 2023 dt.25-07-2023

the release is likely to bring him into association with any

known criminal or expose him to moral, physical or

psychological danger or that his release would defeat the ends of

justice.

The impugned order mentions that the release of the

appellant would defeat the ends of justice and his release will

expose him to moral, physical or psychological danger.

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 needs to be given

proper training for leading a good life along with regularizing

his education.

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 sister of the appellant giving undertaking that

she will keep proper care and upkeep of the appellant and will Patna High Court CR. APP (SJ) No.1922 of 2023 dt.25-07-2023

fully co-operate in the pending enquiry/trial.

The appeal stands disposed of.

(Arvind Srivastava, J) utkarsh/-

AFR/NAFR
CAV DATE
Uploading Date          28.07.2023
Transmission Date