Manish Kumar vs The State Of Bihar
2023 Latest Caselaw 5469 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.3525 of 2023
     Arising Out of PS. Case No.-40 Year-2021 Thana- MAHILA P.S. District- Purnia
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Manish Kumar Son of Gopal Yadav Resident of Village- Mohania Bazar, Ps- Banmankhi, Dist- Purnea The Father of the Appellant is the Natural Guardianship Namely Gopal Yadav Aged 49 Years Male Son of Satynarayan Yadav, Resident of Village- Mohania Bazar, Ps- Manmankhi Dist- Purnea.

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

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

For the Appellant/s : Mr. Ram Prawesh Kumar For the Respondent/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 31-10-2023

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 07.07.2023 passed by the Additional Sessions Judge-I-

cum-Special Judge, Purnea in connection with Special Kishor

Case No. 11 of 2022 arising out of Mahila P.S. Case No. 40 of

2021.

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 Patna High Court CR. APP (SJ) No.3525 of 2023 dt.31-10-2023

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.

4. 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.

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 mentions that during the inquiry in the village

of the appellant, nobody came forward to say anything negative

about the appellant and his family members.

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 father of the appellant giving undertaking

that he will keep proper care and upkeep of the appellant and Patna High Court CR. APP (SJ) No.3525 of 2023 dt.31-10-2023

will fully cooperate in the pending enquiry/trial.

7. The appeal stands disposed of.

(Arvind Srivastava, J) utkarsh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.11.2023
Transmission Date       03.11.2023