IN THE HIGH COURT OF JHARKHAND RANCHI
Cr. Rev. No. 471 of 2011
Kishore Kumar Mahto (Minor) ... Petitioner
Versus
The State of Jharkhand ... ... Opp. Party
CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
............
For the Petitioner : Mr. Rakesh Kumar, Advocate
For the Opp. Party : A.P.P.
3 /30.08.2011
This revision is directed against the judgment dated 13th
of June 2011 passed by learned Sessions Judge, Bokaro in Cr. Appeal
No.39 of 2011, whereby he rejected the appeal of petitioner under The
Juvenile Justice (Care and Protection of Children) Act 2000 and
rejected his prayer for release of bail.
It appears that prayer of petitioner rejected by holding that
if petitioner will be released on bail, he will come in association with
some known criminals. Impugned order further reveals that
prosecution had not brought any material before learned court below
for recording aforesaid reason. Under the said circumstance,
aforesaid finding of learned court below is based on no evidence.
Considering the aforesaid facts and circumstances, I allow
this revision application and set aside the order of learned court below.
I further direct that petitioner, Kishore Kumar Mahto (Minor) be
enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of Juvenile
Justice Board, Bokaro in connection with Nawadih P.S. Case No.89 of
2008 corresponding to G.R. No.811 of 2008.
(Prashant Kumar, J.)
R.K.