Allowed

Rohit Kumar v. The State of Bihar

Patna HC27 May 2019CR. REV./405/2019

Case brief

AI extract

What is this about?

In a criminal revision, the Patna High Court allowed the bail application of a juvenile petitioner accused of motorcycle theft. The Court quashed previous orders refusing bail, noting the petitioner's clean antecedents and absence of a competent social investigation report, and ordered his release on a bail bond of Rs. 10,000. Since this was a criminal revision directly granting bail, the system a

What did the court decide?

The impugned orders rejecting bail are quashed; the petitioner is released on bail of Rs. 10,000 with two sureties, subject to conditions regarding natural guardianship.

Rohit Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.405 of 2019

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Arising Out of PS. Case No.-651 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi

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======================================================

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ROHIT KUMAR Son of Nand Kumar Sahi Resident of Village - Khopi , P.S.Runnisaidpur, Distt - Sitamarhi. Through his natural guradian (father) Nand Kumar Sahi S/o Mithila Sahi, Resident of Village - Khopi, P.S.- Runnisaidpur, Distt - Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Respondent/s : Mr.Surendra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 27-05-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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The petitioner is aggrieved by the order dated 13.12.2018 passed by the Juvenile Justice Board, Sitamarhi in Runnisaidpur P.S. Case No. 651 of 2018, corresponding to JJ. Board No. 1460 of 2018 registered under Section 414 IPC rejecting the prayer for bail of the petitioner and the order dated 23.02.2019 passed by the 1^st Additional Sessions Judge, Sitamarhi in Cr. Appeal No. 2 of 2019 affirming the order of rejection of bail.

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Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. The allegation against the petitioner is that he was involved in theft of motorcycle. The

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Patna High Court CR. REV. No.405 of 2019(3) dt.27-05-2019 2/3

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age of the petitioner has been assessed as 16 years 2 months 27 days on the date of occurrence. The petitioner is in custody since 28.10.2018. Counsel further submits that nothing was recovered from the conscious possession of the petitioner. He has not even been put on TIP and, may be, on suspicion the petitioner has been made accused in this case and remanded to the judicial custody.

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It appears that the prayer for bail of the petitioner was refused by the Juvenile Justice Board which was affirmed by the appellate Court in Appeal No. 2 of 2018. The appellate Court on perusal of the case diary held out that materials are available in the case diary to connect the petitioner in commission of the crime. The atmosphere outside the observation home is not conducive for correction of the petitioner and as such the appellate court declined to interfere with the order passed by the Juvenile Justice Board. The Court further finds from the order of the appellate Court that the court below has not considered the report of the Probation Officer in the process of taking decision in appeal. In the instant case there is specific statement that the petitioner has clean antecedent and there is no contrary social investigation report or the report of the Probation Officer to indicate that release of the petitioner may be detriment to the

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Patna High Court CR. REV. No.405 of 2019(3) dt.27-05-2019 3/3

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interest of the society and the environment. The court is inclined to allow this application.

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Accordingly, this application is allowed. The order dated 13.12.2018 passed by the Juvenile Justice Board, Sitamarhi in Runnisaidpur P.S. Case No. 651 of 2018, corresponding to JJ. Board No. 1460 of 2018 registered under Section 414 IPC rejecting the prayer for bail of the petitioner and the order dated 23.02.2019 passed by the 1^st Additional Sessions Judge, Sitamarhi in Cr. Appeal No. 2 of 2019 affirming the order of rejection of bail are accordingly quashed and set aside.

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Let the petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the J.J.Board, Sitamarhi in connection with Runnisaidpur P.S. Case No. 651 of 2018 corresponding to J.J.Board No. 1460 of 2018, subject to the condition that both the bailors shall be the natural guardian/family members.

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(Anil Kumar Upadhyay, J)

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spandey/-

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U T

Rohit Kumar v. The State of Bihar

Case brief

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Rohit Kumar v. The State of Bihar

Case brief

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