Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.521 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- LAKHISARAI ===========================================================

1. Banti Kumar, son of Raj Kumar Jha, under the guardianship of Raj Kr. Jha, resident of village - Barahiya, P.S. - Barahiya, District - Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Respondent/s : Mr. Shailendra Kumar No.II, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 01-10-2015 This Revision Application has been filed against the judgment and order dated 12.05.2015 passed by the Sessions Judge, Lakhisarai, in Cr. Appeal No.12 of 2015 whereby he has dismissed the appeal filed by the Petitioner for grant of bail in Barahiya P.S. Case No.24 of 2014.

Considering that the Petitioner has no criminal antecedents and his uncle Surendra Mishra undertakes his responsibility, let the Petitioner, above named, be released on furnishing bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Lakhisarai, in connection with Barahiya P.S. Case No.24 of 2014, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving

Patna High Court CR. REV. No.521 of 2015 dt.01-10-2015 2/2 genealogy as to how he is related with the petitioner and another bailor shall be his uncle Surendra Mishra.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released, (iii) That the bailors shall also state on affidavit that they 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 bond on the ground of misuse, (iv) 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, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.

The application stands allowed.

(Anjana Prakash, J) JA/- U T