Single judge order allowing bail to a juvenile appellant. The court considered his prolonged detention in high court custody despite dismissed previous appeals and framed charges. Bail granted with conditions.
Enlargement on bail via surety bond by parent or close relative undertaking proper care and cooperation.
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.1899 of 2023
Arising Out of PS. Case No.-92 Year-2021 Thana- KOTWA District- East Champaran
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SONU KUMAR @ MANORANJAN S/o Rameshwar Sah Resident of village-Talwa Pokhar, P.S.-Kotwa, District-East Champaran through his father Rameshwar Sah, aged about 47 years, S/o Sooraj Sah, R/o Talwa Pokhar, P.S.Kotwa, District-East Champaran
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rahul Singh, Adv. For the Respondent/s : Mr. Syed Ashfaque Ahmad, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
6 21-06-2023
Defect no. 6(1) already complied.
Heard learned counsel for the appellant and learned
Spl.P.P. appearing for the State.
This appellant (juvenile) has earlier twice preferred the Cr. Appeal for setting aside the order dated 01.11.2021 passed by learned Additional District and Sessions Judge-I-cumSpecial Judge, SC/ST, Champaran at Motihari in Children Trial No. 14 of 2021 arising out of Kotwa P.S. Case No. 92 of 2021, which was twice dismissed by this Court vide orders dated 21.07.2022 and 16.11.2022.
Learned counsel appearing for the appellant submits that the fresh ground on which the appellant has renewed his prayer for bail is that the appellant has been languishing in
Patna High Court CR. APP (SJ) No.1899 of 2023(6) dt.21-06-2023 2/2
custody since 28.04.2021 and there is no likelihood of the appeal to be taken up for hearing in near future. He also submits that the charge has already been framed on 05.08.2022 and there is no progress in trial proceeding.
Considering the submissions made above, let the appellant (juvenile), above named, be enlarged on bail on execution of surety bond by either of the parents of the appellant or in absence thereof, by his/her close relative giving undertaking that he/she 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
2 issues framed by the court
Whether the appellant, a juvenile languishing in custody for a prolonged period without trial progression, should be enlarged on bail.
Whether the appellant is eligible for bail execution via surety by parents or close relatives.
Sonu Kumar @ Manorajan
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
