Allowed

Manoj Das @ Manoj Kumar Das @ Langardas v. State Of Bihar and Anr.

Patna HC18 Jan 2013CR. REV./1238/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed the criminal revision and set aside the Sessions Court order rejecting bail. The Court held that the lower court failed to detail materials regarding the risk of bad association. Bail was granted with conditional undertakings regarding sureties and parental supervision.

What did the court decide?

Order dated 08.11.2012 set aside and petitioner released on bail of Rs. 10,000 with two sureties including a parent undertaking.

Manoj Das @ Manoj Kumar Das @ Langardas Vs… — Pension and Retirement Benefits | Patna HC (2013)

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Patna High Court CR. REV. No.1238 of 2012 (2) dt.18-01-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1238 of 2012

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====================================================== Manoj Das @ Manoj Kumar Das @ Langardas @ Langar Das @ Manoj Kumar through his guardian and father, Bhulan Das, resident of VillageBahuarwa Babu Tola, P.S.-Majhaulia, District-West Champaran. .... .... Petitioner Versus 1. The State Of Bihar. 2. Krishna Das son of Ramashray Das, resident of VillageBishunpurwa, P.S.-Sugauli, District-East Champaran. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2 18-01-2013

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The petitioner has preferred this criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 08.11.2012 passed in Criminal Appeal 110 of 2012 by the Sessions Judge, West Champaran, Bettiah whereby the learned Sessions Judge dismissed the aforesaid criminal appeal preferred by the petitioner against the order dated 12.09.2012 passed in J.J.B. Trial No. 301 of 2012 arising out of Majhaulia P.S. Case No. 356 of 2011 registered under Sections 302 and 201/34 of the Indian Penal Code by the Juvenile Justice Board, Bettiah, West Champaran, rejecting the prayer of the bail of the petitioner.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. REV. No.1238 of 2012 (2) dt.18-01-2013

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learned Sessions Judge has dismissed the criminal appeal of the petitioner affirming the order of the Juvenile Justice Board rejecting the prayer for bail of the petitioner taking into consideration the nature of the offence, which is against the provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. It is further submitted that the father of the petitioner is ready to take proper care of the petitioner.

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On bare perusal of provision of Section 12 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2000, it appears that the Juvenile in conflict with law shall be released on bail but the exception would be that he shall not be released if there appears reasonable grounds for believing that 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.

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On perusal of the impugned judgment, it appears that the learned Sessions Judge has dismissed the appeal of the petitioner taking into consideration the nature of the offence saying that release of the petitioner on bail is likelihood to bring him in association with known criminal without detailing the materials in that regard.

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Patna High Court CR. REV. No.1238 of 2012 (2) dt.18-01-2013

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Under the aforesaid facts and circumstances, the order dated 08.11.2012 passed by the Sessions Judge, West Champaran, Bettiah in Criminal Appeal 110 of 2012 is hereby set aside and this criminal revision is allowed. The petitioner, namely, Manoj Das @ Manoj Kumar Das @ Langar Das @ Manoj Kumar, is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Bettiah, West Champaran in connection with J.J.B. trial No. 301 of 2012 arising out of Majhaulia P.S. Case No. 356 of 2011. Out of two sureties one surety must be parent who will give an undertaking also to the effect that he/she will take care to the petitioner so that petitioner may not indulge in bad association.

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(Rajendra Kumar Mishra, J)

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Safik/-

Manoj Das @ Manoj Kumar Das @ Langardas v. State Of Bihar and Anr.

Case brief

What is this about?

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Manoj Das @ Manoj Kumar Das @ Langardas v. State Of Bihar and Anr.

Case brief

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