Chhotu Kumar @ Abhishek Kumar @ Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.424 of 2015 Arising Out of PS.Case No. -241 Year- 2014 Thana -null DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Chhotu Kumar @ Abhishek Kumar @ Chotu Kumar S/o Shatrughan Singh, Resident of Mohall- Mission Chowk Motihari, P.S- Motihari Muffasil, DistrictEast Champaran, under the guardianship of his father Shatrughan Singh. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. Gopesh Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 27-08-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 15.4.2015 passed by the Sessions Judge, East Champaran, Motihari in Criminal Appeal No.25 of 2015, by which he has affirmed the order dated 27.2.2015 passed by the Juvenile Justice Board, Motihari, East Champaran in Trial No.794 of 2014 arising out of Mufassil Motihari P.S. case No.241 of 2014 (G.R. No.3540 of 2014), by which he has refused to release the Petitioner. Considering that the Petitioner's father undertakes responsibility of the Petitioner and he has been implicated in the case on the basis of confessional statement, let the petitioner above named,

Patna High Court CR. REV. No.424 of 2015 dt.27-08-2015 2/3 be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Motihari, East Champaran in connection with Trial No.794 of 2014 arising out of Mufassil Motihari P.S. case No.241 of 2014 (G.R. No.3540 of 2014), subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor 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 undertake to furnish information to the Court about any change in 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 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 bond will be liable to be cancelled for reasons of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. Accordingly, the revision application is allowed and the judgment dated 15.4.

Patna High Court CR. REV. No.424 of 2015 dt.27-08-2015 3/3 Champaran, Motihari in Criminal Appeal No.25 of 2015, by which he has affirmed the order dated 27.2.2015 passed by the Juvenile Justice Board, Motihari, East Champaran in Trial No.794 of 2014 arising out of Mufassil Motihari P.S. case No.241 of 2014 (G.R. No.3540 of 2014) is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T