Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No. 367 of 2015 =================================================== Nitish Kumar Son of Arbind Singh Resident of Village Telihar Purbi, P.S. Beldaur, District Khagaria through his natural guardian namely Arbind Singh.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Respondent/s =================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Respondent/s: Mr. Uma Nath Mishra (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.
13.08.2015 Heard learned counsel for the Petitioner and the State.
This revision application has been filed for setting aside the judgment and order dated 10.04.2015 passed by the District and Sessions Judge, Khagaria in Cr. Appeal (Juvenile) No. 18 of 2015, by which he has affirmed the order dated 18.03.2015 passed by the Juvenile Justice Board, Khagaria in G.R. No. 1588A of 2013 arising out of Beldaur P.S. Case No. 95 of 2013, by which he has refused to release the Petitioner. Considering that the Petitioner is in custody since 25.07.2013 and is accused in one other case related with the same occurrence, let the Petitioner, above named be released on furnishing bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or
Patna High Court CR. REV. No.367 of 2015 (2) dt.13-08-2015 any other surety as fixed by the Court to the satisfaction of Juvenile Justice Board, Khagaria in connection with G.R. No. 1588A of 2013 arising out of Beldaur P.S. Case No. 95 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
Accordingly, the revision application is allowed and the judgment and order dated 10.04.2015 passed by the District and Sessions Judge, Khagaria in Cr. Appeal
Patna High Court CR. REV. No.367 of 2015 (2) dt.13-08-2015 (Juvenile) No. 18 of 2015, by which he has affirmed the order dated 18.03.2015 passed by the Juvenile Justice Board, Khagaria in G.R. No. 1588A of 2013 arising out of Beldaur P.S. Case No. 95 of 2013 is, hereby, set aside. Vikash/- (Anjana Prakash, J.) U T