Nitish Kumar v. the State of Bihar
Case brief
What is this about?
Patna High Court allowed revision against rejection of bail for a Juvenile in N.D.P.S. case. Court noted minor quantity of narcotic, clean antecedents, and strict supervision, granting bail under JJ Act and N.D.P.S. exceptions.
What did the court decide?
Petitioner released on bail bond of Rs. 25,000 with two sureties of like amount, one being father, with conditions for rehabilitation and supervision.
What the court decided
A compact analysis
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 REVISION No.647 of 2022
Arising Out of PS. Case No.-304 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
XXXX S/o Sri Sunil Yadav Resident Of Village- Sultanpur Bhitti, P.O. And P.S.- Sabour, District- Bhagalpur.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Bidhanesh Misra, Advocate Ms. Tanuja Kumari Mishra, Advocate For the Respondent/s : Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 19-01-2023
Heard learned counsel appearing on behalf of the revi-
Issues for consideration
3 issues framed by the court
Whether bail can be granted to a Juvenile accused in N.D.P.S. case despite non-compliance of Section 37 and 50 of the Act.
Whether the father can stand as surety and furnish undertaking for the release of a Juvenile petitioner on bail.
Whether the nexus between the Juvenile and criminal elements exists as per barring conditions for Juvenile bail.
Parties & counsel
- petitioner
XXXX S/o Sri Sunil
- respondent
The State of Bihar
Coram
Chandra Shekhar Jha
Case details
As recorded by the court registry
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