Sabu Ahmad @ Sabua @ Sahabuddin @ Janagulia @ Janashar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.332 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -null District- SARAN ===========================================================

1. Sabu Ahmad @ Sabua @ Sahabuddin @ Janagulia @ Janashar Ahmad S/o Jiayuddin Ahmad Resident of Village Fataha, P.S. Gopalganj, District Gopalganj through his natural guardian and mother Babli Khatoon, W/o Jayuddin Ahmad Resident of Village Fataha, P.S. Gopalganj, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Respondent/s : Mr. Md. Ansarul Haque, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-07-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the order dated 16.1.2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No.104 of 2014, by which he has affirmed the order dated 10.11.2014 passed by the Juvenile Justice Board, Saran in JJB case No.1391 of 2014 corresponding to Chapra Rail P.S. case No.13 of 2014, by which he has refused to release the Petitioner. Considering that the Petitioner is in custody since 1.8.2014 and his mother undertakes his responsibility, 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

Patna High Court CR. REV. No.332 of 2015 dt.02-07-2015 2/3 Juvenile Justice Board, Saran in JJB case No.1391 of 2014 corresponding to Chapra Rail P.S. case No.13 of 2014, subject to the conditions (i) That one of the bailor shall be the mother 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 order dated 16.1.

2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No.104 of 2014 as also the order dated 10.11.

Patna High Court CR. REV. No.332 of 2015 dt.02-07-2015 3/3 No.1391 of 2014 corresponding to Chapra Rail P.S. case No.13 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T