Sudhir Kumar @ Nako v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.705 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== SUDHIR KUMAR @ NAKO S/O RAJDEO PASWAN @ RAJ DEV PASAVAN Juvenile under the guardianship of his natural father Rajdeo Paswan, R/o village- Krit navada, P.S.- Chandauti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Kumar, Advocate For the Respondent/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
This criminal revision application has been preferred against the order dated 29.09.2021 passed in Criminal Appeal (Juvenile) No.63/2021, whereby and whereunder the learned Special Judge (Children Court), Gaya has affirmed the order dated 18.08.0221, whereby learned Juvenile Justice Board, Gaya has rejected the prayer for bail of the petitioner in connection with Chandauti P.S. case No.41/2021 registered for the offences under Sections 457, 380 of the Indian Penal Code. The prosecution case, in brief, is that unknown
2/5 miscreants looted away 8 to 10 kgs silver jewellery, 100 to 125 gram gold jewellery and Rs.50,000/- cash from the jewellery shop of the informant after breaking the locker. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2021. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. His name has transpired in this case on the confessional statement of co-accused recorded under Section 161 of Cr.P.C. made before the police. So far the allegation of recovery of one anklet is concerned, it is submitted that the same was not stolen property. Rather it was an ornament used by the female members of the family.
The petitioner had no knowledge regarding the said anklet. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Learned counsel for the petitioner further submits that the mother of the petitioner is ready to furnish an undertaking that while on bail, she will not allow the petitioner to associate with criminals or anti-social elements. The petitioner has relied upon the judgment of Lalu Kumar and Ors. Vs.
3/5 where a Division Bench of this Court while considering the scope of Section 12 of the Juvenile Justice Act, 2015 in paragraph No.84 of the judgment has observed the following: "84. While interpreting Section 12, the Board is duty bound to be guided by the fundamental principles enumerated in Section 3 of the Act of 2015, specially the principles of 'best interest', 'repatriation' and 'restoration' of child. The fundamental principles in Section 3(xii) provides that a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. The gravity and nature of the offence are immaterial for consideration of bail under the Act of 2015. As per Section 12 of the Act of 2015, an application for bail is not decided by reference to classification of offences, as bailable or nonbailable under the Cr.P.C.
(ii) The release is likely to expose the said person to moral or psychological danger; and (iii) The release would defeat the ends of justice."
4/5 Learned A.P.P. for the State is present and has opposed the prayer for bail of the petitioner. Having regard to the facts and circumstances of the case, Social Investigation Report of the petitioner was called for from the concerned Probation Officer, The Probation Officer in his report has reported that the neighbours have stated that the petitioner is studious boy. He has cordial relationship with his parents and other family members. There is no impediment in reformation of the petitioner. Further the report does not reveal that there is any material to substantiate that in the event of grant of bail, the petitioner is likely to go into association of known criminals or any anti-social elements.
The law requires that reasonable grounds should be there for believing that in the event of grant of bail, the petitioner would go into association of any 'known criminal' or exposed to moral, physical and psychological danger or the release of the person would defeat the ends of justice. There is no reference of any known criminal nor there is any other substantive material for the conclusion as recorded by the Court below.
Considering the facts and circumstances of the case as well as the findings of the Probation Officer in the Social
5/5 Investigation Report of the petitioner and the proposition of law as stated above, this criminal revision application is allowed and the order dated 29.09.2021 passed in Criminal Appeal (Juvenile) No.63/2021 by the learned Special Judge (Children Court), Gaya and the order dated 18.08.0221 passed by the learned Juvenile Justice Board, Gaya in connection with Chandauti P.S. case No.41/2021, are set aside.
Let the petitioner, who has already been declared juvenile by the learned Juvenile Justice Board, be released in favour of mother on execution of surety bond of Rs.10,000/- (Rupees ten thousand) to the satisfaction of Juvenile Justice Board, Gaya in connection with Chandauti P.S. case No.41/2021, with the condition that the mother of the petitioner shall furnish an undertaking that while the petitioner is on bail, she will not allow the petitioner to come in company/association with any criminal or anti social elements that she will take proper care of the petitioner. Further the petitioner will be produced as and when required by the Court below and shall cooperate during the trial. Narendra/- (Sudhir Singh, J) U T