Juvenile appeal against refusal of bail. The court held that rejection must rest on evidence, not guesswork; the probation report showed no adverse grounds, so bail was granted with an uncle as surety undertaking supervision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1049 of 2023 In
CRIMINAL MISCELLANEOUS No.30200 of 2022
Arising Out of PS. Case No.-355 Year-2016 Thana- PATNA GRP CASE District- Patna
======================================================
SONU KUMAR Son of Late Mahesh Mahto R/V- Begumpur Goraiyasthan, P.S- Bypass, Dist- Patna
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Rajeev Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
Patna High Court CR. APP (SJ) No.1049 of 2023(8) dt.15-09-2023 2/3
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.
Patna High Court CR. APP (SJ) No.1049 of 2023(8) dt.15-09-2023 3/3
Children) Act, 2015. The same is, accordingly, set aside.
bail on execution of surety bond by uncle of the appellant giving undertaking that he shall keep proper care and upkeep of the appellant and shall fully co-operate in the pending enquiry/trial
(Arvind Srivastava, J)
anuradha/-
U T
1 issue framed by the court
Whether the Children Court could refuse bail to a juvenile without evidence supporting grounds under proviso to Section 12 of the JJ Act, such as a Probation Officer's report.
2 provisions across 1 enactments
Sonu Kumar
The State of Bihar
Ramashish Paswan
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
