Wakil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.807 of 2015 ======================================================

1. Wakil Kumar, Son of Naraian Sah under the guardianship of Jai Naraian Sah (natural guardian), son of late Jai Pragas Sah, resident of Village- Purvi Parati, P.S.- Bochaha, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Respondent/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 17-03-2016 The petitioner seeks revision of the order dated 25.07.2015 passed by the Additional District and Sessions Judge, Muzaffarpur in Cr. Appeal No. 49 of 2015 and order dated 26.05.2015 passed by the Juvenile Justice Board, Muzaffarpur in connection with Bochaha P.S. Case No. 298 of 2014.

Considering the part of the confessional statement of the co-accused and the fair antecedent of the petitioner, 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 any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Muzaffarpur in connection with G.R. No. 52 of 2014 arising out of

Bochaha P.S. Case No. 298 of 2014 subject to the conditions:

1. 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 undertake to furnish information to the court about any change in the address of the petitioner,

2. That the bailors 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 bond on the ground of misuse,

3. 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.

4. 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 trial Court is directed to send a list of witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, concerned and the

Superintendent of police, concerned .is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

The revision application stands allowed and the order dated 25.07.2015 passed by the Additional District and Sessions Judge, Muzaffarpur in Cr. Appeal No. 49 of 2015 and order dated 26.05.2015 passed by the Juvenile Justice Board, Muzaffarpur in connection with Bochaha P.S. Case No. 298 of 2014, is hereby set aside.

(Anjana Prakash, J) Prakash/- U T