Ashish Kumar Yadav @ Aashish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.593 of 2020 Arising Out of PS. Case No.-280 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Ashish Kumar Yadav @ Aashish Kumar Yadav Son of Kamanand Yadav under the guardianship of his father namely Kamanand Yadav Son of Birbal Yadav, Resident of Village- Dira Belsara, P.S. - Raniganj, District - Araria. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bijendra Kumar Singh, Adv For the Respondent/s :

Mr.Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2020 The matter has been taken up through video conferencing.

Heard the parties.

This criminal appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is against refusal of the prayer for bail by the learned Children Court, Purnea. The appellant was declared juvenile in connection with K. Nagar P.S.Case No.280 of 2018 registered under Section 394 I.P.C. against unknown.

Submission is that there was no material collected during investigation against the appellant and the ground for refusal of bail that in the event of release the appellant may go in association with unsocial elements and there is chances of

Patna High Court CR. APP (SJ) No.593 of 2020(3) dt.30-06-2020 2/2 moral, mental and psychological threat to the appellant is based on no material.

I find substance in the submission of learned counsel for the appellant, learned court below has refused the prayer for bail in a mechanical manner without material to substantiate the application of proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Hence, the impugned order is not sustainable. Accordingly, the same is set aside.

Let the appellant, above named, be released forthwith on execution of surety bond by one of the parents that he will keep proper upkeep of the appellant and shall fully cooperate in the enquiry/trial before the learned Children Court. With the aforesaid observation, this appeal is allowed. (Birendra Kumar, J) Nitesh/- U T