Allowed

Nikhil Kumar v. The State of Bihar

Patna HC22 Sept 2023CR. APP (SJ)/2761/2023

Case brief

AI extract

What is this about?

This criminal appeal addressed the refusal of bail for a juvenile appellant. The High Court held that the rejection was unjustified as the grounds relied upon lacked evidentiary support from the probation officer's report, which suggested the juvenile posed no danger. Consequently, the order was set aside, and the appellant was enlarged on bail.

What did the court decide?

The impugned order refusing bail was set aside, and the appellant was enlarged on bail upon execution of a surety bond by the father.

Nikhil Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2761 of 2023

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Arising Out of PS. Case No.-288 Year-2021 Thana- SAHEBPUR KAMAL District-

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Begusarai

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

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NIKHIL KUMAR Minor S/O Shaligram Khirhari @ Shaligram Pd. Yadav Through his father and natural guardian Shaligram Khirhari @ Shaligram Pd. Yadav aged about 73 years (Male) son of Late Raj Kishor Khirhari, Both are resident of Village- Baudhrani, P.S- Haweli Kharagpur (Shampur), Distt.Munger.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Binod Kumar For the Respondent/s : Mr. Abha Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-09-2023

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Heard learned counsel for the appellant and learned counsel appearing on behalf of the State.

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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 03.04.2023 passed by the Additional Sessions Judge-Icum-P.O. of Children Court, Begusarai in connection with J.J.C.P. Case No. 38 of 2022, J.J.B. Case No. 382 of 2022 arising out of Sahebpur Kamal P.S. Case No. 288 of 2021.

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On bare perusal of provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015,

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Patna High Court CR. APP (SJ) No.2761 of 2023 dt.22-09-2023 2/3

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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.

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The impugned order mentions that the release of the appellant will expose him to moral, physical and psychological danger and that would defeat the ends of justice.

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The existence of the aforesaid grounds should not mean guesswork but it should be supported by some evidence on record such as report of the probation officer etc. The report of the probation officer does not mention anything as has been recorded by the Children Court. Further the report of the probation officer suggests that the appellant helps in the household works of his family. The appellant will also participate in the agricultural work with his father. Further the report mentions that there is no danger to the appellant in the society.

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As such, the rejection of the prayer for bail of the appellant is unjustified and against the intention of the provision of Section 12 of the Juvenile Justice (Care and

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Patna High Court CR. APP (SJ) No.2761 of 2023 dt.22-09-2023 3/3

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Protection of Children) Act, 2015. The impugned order dated 03.04.2023 passed by the learned Additional Sessions Judge-Icum-P.O. of Children Court, Begusarai in connection with J.J.C.P. Case No. 38 of 2022, J.J.B. Case No. 382 of 2022 arising out of Sahebpur Kamal P.S. Case No. 288 of 2021 is, accordingly, set aside. Let the appellant, above named, be enlarged on bail on execution of surety bond by the father of the appellant giving undertaking that she will keep proper care and upkeep of the appellant and will fully co-operate in the pending enquiry/trial.

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The appeal stands disposed of.

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(Arvind Srivastava, J)

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shailendra/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.09.2023
Transmission Date	26.09.2023

Nikhil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nikhil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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