Rajesh Kumar @ Gorelal @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.279 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -null District- AURANGABAD ===========================================================

1. Rajesh Kumar @ Gorelal @ Vicky, Son of Kamlesh Yadav @ Kamlesh Singh under guardianship of his father namely Kamlesh Yadav @ Kamlesh Singh, Resident of Village-Bhagwan Bigha, P.S.- Daudnagar, District: Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Respondent/s : Mr. Jagdhar Pd., APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-05-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 9.2.2015 passed by the Sessions Judge, Aurangabad in Criminal Appeal No.1 of 2015, by which he has affirmed the order dated 4.12.2014 passed by the Juvenile Justice Board, Aurangabad in G.R. No.32 of 2014, Trial No.877 of 2014 arising out of Daudnagar P.S. case No.9 of 2014, by which he has refused to release the Petitioner.

The petitioner seeks release in G.R. No.32 of 2014, Trial No.877 of 2014 arising out of Daudnagar P.S. case No.9 of 2014. Having considered the nature of allegations and the

Patna High Court CR. REV. No.279 of 2015 dt.22-05-2015 undertaking of the father of the Petitioner that he ensures that the Petitioner does not fall any further in bad company, let the petitioner above named, 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, Aurangabad in connection with G.R. No.32 of 2014, Trial No.877 of 2014 arising out of Daudnagar P.S. case No.9 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.

Patna High Court CR. REV. No.279 of 2015 dt.22-05-2015 Accordingly, the revision application is allowed and the judgment dated 9.2.2015 passed by the Sessions Judge, Aurangabad in Criminal Appeal No.1 of 2015 as also the order dated 4.12.2014 passed by the Juvenile Justice Board, Aurangabad in G.R. No.32 of 2014, Trial No.877 of 2014 arising out of Daudnagar P.S. case No.9 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T