Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1145 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- PIPRA District- Supaul ====================================================== MANISH KUMAR S/O Niranjan Sah R/O Village- Itahara (Ward No- 5), Gamaharia Rampur P.S- Saur Bazar, District- Saharsa ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arun Kumar Jha, Adv.

For the Respondent/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-08-2023 1.

Heard the parties.

2.

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 06.01.2023 passed by Additional Sessions Judge, 1st, Supaul in connection with Pipra P.S. Case No. 33 of 2021. 3.

Learned counsel for the appellant submits that appellant has been implicated in the present case merely on the basis of confessional statement of other co-accused. It is also submitted that the appellant has been languishing in remand home since 15.03.2021.

4.

Learned counsel appearing for the State opposes the prayer for bail of the appellant and submits that the Court

Patna High Court CR. APP (SJ) No.1145 of 2023(4) dt.22-08-2023 2/2 below after considering all the material available on record has rejected the prayer for bail of the appellant by a reasoned order. It is also submitted that the appellant has three criminal antecedents. The order of the Court below also mentions that there is grievous allegation against the appellant. 5.

The probation report suggests keeping him in special home for his counseling and overall development. 6.

Considering the submissions advanced on behalf of the parties, the material available on record and the report of the Probation Officer, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for bail of the appellant is, accordingly, rejected.

7.

The appeal stands dismissed.

(Arvind Srivastava, J) anuradha/- U T