The High Court allowed an appeal against the refusal of bail to a juvenile. It held that the lower court's rejection was unjustified as the grounds cited were mere guesswork unsupported by the probation officer's report. Bail was granted.
Impugned order set aside; appellant enlarged on bail with undertaking from mother.
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.2410 of 2023
Arising Out of PS. Case No.-517 Year-2022 Thana- SABAUR District- Bhagalpur
======================================================
RUPESH MANDAL @ RUPESH KUMAR MANDAL Son of Late Shatrughan Mandal Resident of Village- Shankarpur, PS- Sabour, DistrictBhagalpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Saroj Kumar Singh For the Respondent/s : Mr. Zeyaul Hoda ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-09-2023
Patna High Court CR. APP (SJ) No.2410 of 2023 dt.21-09-2023 2/3
it appears that Juvenile in conflict with law shall be released on bail unless there appears reasonable grounds for 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.2410 of 2023 dt.21-09-2023 3/3
(Children) No. 05 of 2023 arising out of Sabour P.S. Case No. 517 of 2022 is, accordingly, set aside. Let the appellant, above named, be enlarged on bail on execution of surety bond by the mother of the appellant giving undertaking that she will keep proper care and upkeep of the appellant and will fully cooperate in the pending enquiry/trial.
(Arvind Srivastava, J)
shailendra/-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date
3 issues framed by the court
Whether the rejection of bail to a juvenile was justified based on the reasons that release would defeat the ends of justice.
Whether the grounds for denying bail, specifically regarding danger to the juvenile, were supported by evidence on record.
Whether the appellant's prayer for bail under Section 101(5) of the Juvenile Justice Act, 2015 should be allowed.
2 provisions across 1 enactments
Rupesh Mandal
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
