This appeal against the refusal of bail to an adult accused (father of a minor) was dismissed. The court relied on the probation report, prior antecedents, and the State’s submission that the below court properly rejected the prayer.
Prayer for bail was rejected; appeal dismissed.
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.1145 of 2023
Arising Out of PS. Case No.-33 Year-2021 Thana- PIPRA District- Supaul
======================================================
MANISH KUMAR S/O Niranjan Sah R/O Village- Itahara (Ward No- 5), Gamaharia Rampur P.S- Saur Bazar, District- Saharsa
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Arun Kumar Jha, Adv. For the Respondent/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
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 06.01.2023 passed by Additional Sessions Judge, 1st, Supaul in connection with Pipra P.S. Case No. 33 of 2021.
3. Learned counsel for the appellant submits that appellant has been implicated in the present case merely on the basis of confessional statement of other co-accused. It is also submitted that the appellant has been languishing in remand home since 15.03.2021.
4. Learned counsel appearing for the State opposes the prayer for bail of the appellant and submits that the Court
Patna High Court CR. APP (SJ) No.1145 of 2023(4) dt.22-08-2023 2/2
below after considering all the material available on record has rejected the prayer for bail of the appellant by a reasoned order. It is also submitted that the appellant has three criminal antecedents. The order of the Court below also mentions that there is grievous allegation against the appellant.
5. The probation report suggests keeping him in special home for his counseling and overall development.
6. Considering the submissions advanced on behalf of the parties, the material available on record and the report of the Probation Officer, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for bail of the appellant is, accordingly, rejected.
7. The appeal stands dismissed.
(Arvind Srivastava, J)
anuradha/-
U T
2 issues framed by the court
Whether the father of an accused minor implicated based on another co-accused statement is entitled to bail.
Whether the appellant having criminal antecedents justifies rejecting the bail prayer.
1 provisions across 1 enactments
Manish Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
