Allowed

Sanjay Kumar @ Sheru v. The State Of Bihar

Patna HC12 Jun 2013CR. REV./552/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed the bail application of a juvenile accused under Section 394 IPC. The court accepted counsel's submission regarding lack of association with a hardened criminal and the petitioner's ongoing studies, setting aside prior rejection orders.

What did the court decide?

Released the petitioner on bail by directing the Juvenile Justice Board to grant bail on bonds of Rs. 10,000 with two sureties of similar amount.

Sanjay Kumar @ Sheru Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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Patna High Court CR. REV. No.552 of 2013 (3) dt.12-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.552 of 2013

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====================================================== Sanjay Kumar @ Sheru son of Umesh Rajak, Resident of villageHussainpur Mahamadpur, P.S.-Rahui, District-Nalanda, under the Guardianship of his father namely Umesh Rajak S/o Late Shivdhari Rajak, R/O Vill-Hussainpur Mohammadpur, P.S.- Rahui, Distt-Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudish Kumar, Adv. For the Respondent/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 3 12-06-2013 Heard learned counsel for the petitioner and the State.

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Petitioner is an accused in a case under section 394 of the Penal Code vide Bind P.S. Case No. 7 of 2013 dated 30.1.2013. He has been adjudged as a juvenile by the Juvenile Justice Board, Nalanda at Biharsharif under order dated 4.3.2013. Notwithstanding such finding of the Board, his request for grant of bail has been rejected on the ground that he is likely to come in contact with hardened criminal Dhananjay Kumar @ Hawa Pahalwan with whom petitioner has association as would appear from his confessional statement. Appreciating the aforesaid finding, the appellant authority has also refused the request of the petitioner for being released on bail under order dated 24.5.2013 passed in Criminal (Juvenile) Appeal No. 34 of 2013.

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Patna High Court CR. REV. No.552 of 2013 (3) dt.12-06-2013

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Counsel for the petitioner states that petitioner has no association with Dhananjay Kumar @ Hawa Pahalwan and the confessional statement is nothing but copy of the confessional statement of co-accused Laxman Prasad who also indicated in his confessional statement association with Dhananjay Kumar @ Hawa Pahalwan. Petitioner having not been named in the First Information Report as it is submitted that he has no association with Dhananjay Kumar @ Hawa Pahalwan as also the fact that even after his implication in the present case petitioner passed Matriculation examination may be in 3^rd division after being granted provisional bail deserves to be released on bail so that he may pursue his future studies. I see substance in the submission and not only set aside the two orders passed by the Juvenile Justice Board as also the appellate authority but also direct the Juvenile Justice Board to release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Nalanda at Biharsharif in connection with J.J.B. Case No. 14 of 2013. The two bailors should be his father and another relative.

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(V.N. Sinha, J)

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Md. Ibrarul/-

Sanjay Kumar @ Sheru v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanjay Kumar @ Sheru v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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