Dismissed

Kanhai Kumar v. The State of Bihar

Patna HC4 Sept 2023CR. APP (SJ)/1472/2023

Case brief

AI extract

What is this about?

This criminal appeal challenges the rejection of bail for two juvenile appellants by the Special Judge, Children Court, Purnea. The High Court dismissed the appeal, holding that the prayer for bail should be rejected based on the probation report and material on record indicating involvement in criminal activities.

What did the court decide?

The prayer for bail to the appellants is rejected and the appeal stands dismissed.

Kanhai Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1472 of 2023

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Arising Out of PS. Case No.-212 Year-2021 Thana- BAISI District- Purnia

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

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KANHAI KUMAR S/O BAIDHNATH RAI Resident of Village- Lal Pokhar Dighhi, P.S.- Sadar Hajipur District- Vaishali. Under the guardianship of his father namely Baidhnath rai

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ANKAJ KUMAR S/O RAJ KUMAR RAI Resident of Village- Lal Pokhar Dighhi, P.S.- Sadar Hajipur District- Vaishali. Under the guardianship of his father namely Raj Kumar Rai

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... ... Appellant/s

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Versus

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The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dheeraj Kumar, Adv. For the Respondent/s : Mr. Abhay Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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4 04-09-2023

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1. Heard the parties.

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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 appellants by order dated 15.09.2022 passed by Special Judge, Children Court, Purnea in connection with Special Kishor Case No. 05 of 2022/C.I.S. No. 06 of 2022.

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3. Learned counsel for the appellants (juveniles) submits that appellants have been implicated in the present case because they were found at the place of occurrence. It is also submitted that the appellants have been languishing in judicial

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Patna High Court CR. APP (SJ) No.1472 of 2023(4) dt.04-09-2023 2/2

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reformation confinement since 26.07.2021.

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4. Learned counsel appearing for the State opposes the prayer for bail of the appellants and submits that the Court below after considering all the material available on record has rejected the prayer for bail of the appellants by a reasoned order. The order of the Court below also mentions that from the probation report it transpires that the teenagers, along with their fathers are indulged in illegal smuggling of marijuana.

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5. The probation report suggests that as the father of appellant no. 1 is also indulged in criminal activity appellant no. 1 needs to be kept in strict judicial reformation confinement and due to the defiant behavior and criminal activity appellant no. 2 also needs judicial rehabilitation.

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6. Considering the submissions advanced on behalf of the parties, the material available on record this Court is not inclined to grant the privilege of bail to the appellants. The prayer for bail of the appellants is, accordingly, rejected.

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7. The appeal stands dismissed.

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(Arvind Srivastava, J)

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anuradha/-

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U T

Kanhai Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanhai Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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