Partly allowed

Shashikant Kunwar @ Shashikant Kuwar v. The State of Bihar

Patna HC17 Jan 2023CR. REV./71/2022

Case brief

AI extract

What is this about?

Juvenile revisionist challenged JJB order rejecting his bail in a Baniapur PS murder case. Citing his age, absence of active participation allegations, petty prior cases on bail, a favourable Social Investigation Report, and over one year spent in the observation home, the court set aside the impugned order and granted bail with his mother as surety.

What the court decided

AI extract

Shashikant Kunwar @ Shashikant Kuwar Vs The State… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.71 of 2022

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Arising Out of PS. Case No.-55 Year-2021 Thana- BANIAPUR District- Saran

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

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XXXX Son of Ajay Kunwar @ Ranvir Kuwar R/O Village- Kishunpur Dharan, P.S.- Jalalpur, District- Saran, Under The Guardianship Of His Mother And Natural Guardian Pushpa Devi

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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4 17-01-2023

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Heard learned counsel appearing on behalf of the petitioner/revisionist and learned APP appearing on behalf of the State.

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The present revision application is being preferred against judgement and order dated 02.11.2021 passed by learned First Additional Sessions Judge-cum-Special Judge, Children's Court Saran at Chapra in Criminal (Juvenile) Appeal No. 30 of 2021 arising out of Juvenile Enquiry No. 254 of 2021 (J.J.B. Case No. 1337 of 2021) out of Baniyapur P.S. Case No. 55 of 2021 which has been registered for offences under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act, whereby and whereunder the learned Juvenile Justice Board (J.J.B.) Saran at Chapra, has rejected the prayer of bail of

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Patna High Court CR. REV. No.71 of 2022(4) dt.17-01-2023 2/5

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the petitioner/revisionist in conflict with law.

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The petitioner/revisionist, aged about 17 years on the alleged date of occurrence i.e. 14.06.2021, is not named in F.I.R., and is in custody/observation home since 04.04.2021.

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The allegation against petitioner/revisionist is to commit murder of the son of informant alongwith other coaccused persons, by causing fire arm injuries.

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Learned counsel appearing on behalf of the petitioner/revisionist submitted that petitioner/revisionist was not named in the F.I.R. and his name surfaced on the basis of confessional statement of co-accused, namely, Ankit Kumar whose name surfaced during the course of investigation on the basis of suspicion, where in furtherance thereof, no incriminating material recovered/surfaced during the course of investigation, which may incriminate petitioner/revisionist or connect him with present occurrence of murder. It is pointed out that said co-accused Ankit Kumar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 3875 of 2022 vide order dated 12.05.2022. It is also pointed out that petitioner/revisionist was also found involved in two cases of petty nature, where he is on bail.

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Learned counsel appearing on behalf of the

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Patna High Court CR. REV. No.71 of 2022(4) dt.17-01-2023 3/5

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petitioner/revisionist submitted that mother of the juvenile petitioner/revisionist is ready to stand as a surety and furnish an undertaking that she will take care of the petitioner/revisionist and shall ensure his studies as well as that he would not fall in bad company and would take all possible care to connect him with the mainstream of the society.

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Learned APP for the State while opposing the prayer of bail submitted that the Social Investigation Report (S.I.R.) is not advanced against this petitioner/revisionist and also submitted that, as per Social Investigation Report (S.I.R.), the behaviour of petitioner/revisionist was friendly with family members. Learned APP has, however, not pointed out any adverse material from the Social Investigation Report.

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Having regard to the submission and materials showing that the petitioner/revisionist has been adjudged juvenile aged about 17 years approximately on the alleged date of occurrence, no active participation of the petitioner/revisionist has been alleged, he found involved in two cases of petty nature, where he is on bail and the Social Investigation Report of the petitioner/revisionist is not showing any adverse material against him so as to dissuade this court for granting release of the petitioner/revisionist on bail, as also that

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Patna High Court CR. REV. No.71 of 2022(4) dt.17-01-2023 4/5

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petitioner/revisionist has remained in the Observation Home for more than one year and his mother is ready to stand as a surety and furnish an undertaking that if released on bail she will take care of the study of the petitioner/revisionist and shall ensure that he does not fall in bad company and, in case, the petitioner/revisionist indulges in any unlawful act, she will inform it to the jurisdictional police station as also following the spirit of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and in view of the exceptions carved out by the Hon’ble Division Bench of this Court in the case of Lalu Kumar and Ors. Vs. The State of Bihar reported in 2019 (4) PLJR 833 that classification of the offences under the bailable and non-bailable sections would not be relevant for the purpose of grant of bail to a juvenile and the prayer for bail of a juvenile may be rejected only under one of the three conditions as under:-

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“(i) The release is likely to bring that person into association with any known criminal;

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(ii) The release is likely to expose the said person to moral or physiological danger; and (iii) The release would defeat the ends of justice.”

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Accordingly, this court sets-aside the impugned

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Patna High Court CR. REV. No.71 of 2022(4) dt.17-01-2023 5/5

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order and directs release of the petitioner/revisionist on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Saran at Chapra in connection with Baniyapur P.S. Case No. 55 of 2021.

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One of the sureties should be the mother of the petitioner/revisionist and she will also furnish an undertaking in terms stated here-in-above.

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The Probation Officer shall keep on visiting the place of the petitioner/revisionist and shall submit periodical report to the Juvenile Justice Board (J.J.B.), Saran at Chapra, regarding conduct of the petitioner/revisionist. If found anything adverse against this petitioner/revisionist, the same will also be reported to the Board for necessary action.

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(Chandra Shekhar Jha, J)

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pooja/-

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U T

Shashikant Kunwar @ Shashikant Kuwar v. The State of Bihar

Case brief

What is this about?

What the court decided

Shashikant Kunwar @ Shashikant Kuwar v. The State of Bihar

Case brief

What is this about?

What the court decided

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