Chhotu Kumar @ Chhotu Saw @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3975 of 2023 Arising Out of PS. Case No.-369 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== CHHOTU KUMAR @ CHHOTU SAW @ CHHOTU SAH SON OF LATE KAMLESHWAR SAH @ KAMESHWAR SAH RESIDENT OF VILLAGE - SAKHMOHAN, P.S. - VIBHUTIPUR, DISTRICT SAMASTIPUR UNDER GUARDIANSHIP OF HIS ELDER BROTHER PANKAJ KUMAR SAH, MALE, AGED ABOUT 28 YEARS, SON OF LATE KAMLESHWAR SAH @ KAMESHWAR SAH, RESIDENT OF VILLAGE - SAKHMOHAN, P.S. - VIBHUTIPUR, DISTRICT - SAMASTIPUR ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Avinash Kumar Singh, Adv.

For the Respondent/s :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-02-2024 1.

Heard learned counsel for the appellant and learned A.P.P. appearing for the State.

2.

The appellant has renewed his prayer for grant of bail. This appellant (juvenile) has earlier preferred the Cr. Appeal (S.J.) No. 01 of 2022 for setting aside the order dated 05.07.2023 passed by learned Additional District and Sessions Judge-I-cum-Children Court, Samastipur in Vibhutipur P.S. Case No. 369 of 2020, which was dismissed by this Court vide order dated 29.09.2022.

3.

Learned counsel appearing for the appellant submits that the fresh ground on which the appellant has renewed his prayer for bail is that the appellant has been

Patna High Court CR. APP (SJ) No.3975 of 2023(6) dt.02-02-2024 2/2 languishing in remand home since 06.08.2021. He submits that para '8' of the fresh probation report suggests that for the bright future of the juvenile, he may be kept in the tutelage and proper care of the elder brothers in order to connect with his education. It also suggests that there is no problem in the rehabilitation of the juvenile.

4.

Considering the submissions made above and the fresh report by the probation officer, the prayer for grant of bail to the appellant is allowed. Let the appellant (juvenile), above named, be enlarged on bail on execution of surety bond by the elder brother of the appellant namely Pankaj Kumar giving undertaking that he shall keep proper care and upkeep of the appellant and shall fully co-operate in the pending enquiry/trial. 5.

The appeal stands allowed.

(Arvind Srivastava, J) anuradha/- U T