Suresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3001 of 2022 Arising Out of PS. Case No.-662 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== Suresh Kumar Son Of Panna Lal Sahni R/O Village- Panapur Ranjita, P.S.- Harsidhi, District- East Champaran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Karandeep Kumar, Advocate For the Respondent/s :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2023 Mr. Karandeep Kumar, learned counsel appearing for the appellant and Mr. Bal Mukund Prasad Sinha, learned APP appearing for the State are present and they are heard. The instant appeal has been filed against the order dated 01.08.2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Children's Court, East Champaran at Motihari in connection with Children Trial No.15 of 2022 arising out of Sugauli P.S. Case No.662 of 2020. By order impugned which is under challenge in this appeal the prayer for bail made by the appellant was rejected from which being aggrieved, the instant appeal has been filed. As per the prosecution six unknown persons remained involved in snatching of Rs.60,000/- and mobile phone from a truck driver.
Patna High Court CR. APP (SJ) No.3001 of 2022(4) dt.12-01-2023 2/3 It is submitted by learned counsel for the appellant that the FIR of the appellant's case was registered against six unknown persons and the appellant's role in the alleged crime surfaced on the basis of confessional statement of co-accused Sanjeev Kumar and others and among them two co-accused persons have been granted bail by this Court vide orders passed in Cr. Misc. Nos.53336 of 2021 and 65425 of 2021 and the alleged looted articles were not recovered from the possession of this appellant and he has been declared juvenile by the Juvenile Justice Board and the father of the appellant who is the legal and natural guardian is ready to file his undertaking to keep the appellant under his proper supervision after his release. Learned APP appearing for the State opposes the prayer for bail.
Having considered the above submissions and mainly taking into account the Social Investigation Report which shows that the appellant has some attachment with his family members and there are sufficient major persons including the parents in the family of the appellant, in the opinion of this Court there is no likelihood of the appellant to come into association with any known criminal and his release would not defeat the ends of justice so it will be proper to release the appellant from remand
Patna High Court CR. APP (SJ) No.3001 of 2022(4) dt.12-01-2023 3/3 home in view of the said Social Investigation Report as keeping him in remand home continuously would ruin his further academic and social carrier. Accordingly, let the appellant above named be released from remand home on furnishing bail bond of two sureties of his father and mother of Rs.10,000/- each to the satisfaction of the trial Court and after his release the father of the appellant shall submit the progress report of the appellant with regard to his educational and social development before the trial Court after every three months during trial and if any adverse to educational or social development of the appellant is found then the trial Court will have a liberty to take a serious action against the appellant by sending him in remand home. Accordingly, the instant appeal stands allowed and order impugned is set aside.
(Shailendra Singh, J.) sangam/- U T