Patna High CourtCR. REV./891/2015allowed

Deepak Kumar v. The State Of Bihar

2016-02-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 891 of 2015 =================================================== Deepak Kumar, Son of Ramjeevan Sah, Resident of VillageMohjamma, P.S.-Paroo, District-Muzaffarpur through his father and natural guardian Ram Jeevan Sah, Son of late Sukh Lal Sah, Resident of Village-Mohjamma, P.S.-Paroo, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Adv. For the Respondent/s: Mr. B. Ram (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

04. 08.02.2016 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 11.09.2015 passed by the Sessions Judge, Muzaffarpur in Cr. (Juvenile) Appeal No. 62 of 2015, by which he has affirmed the order dated 08.07.2015 passed by the Juvenile Justice Board, Muzaffarpur in Paroo P.S. Case No. 337 of 2014, by which he has refused to release the Petitioner. In view of the material which has transpired during investigation, let the Petitioner, above named be released on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Juvenile Justice Board, Muzaffarpur in Paroo P.S. Case No.

337 of 2014 subject to the following conditions:- (i) 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 also undertake to inform the Court if there is any change in the address of the Petitioner.

Patna High Court CR. REV. No.891 of 2015 (4) dt.08-02-2016 accused in any other case and if he is he shall not be released on bail. (iii) 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 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 release will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his release will be liable to be cancelled.

Accordingly, the revision application is allowed and the judgment and order dated 11.09.2015 passed by the Sessions Judge, Muzaffarpur in Cr. (Juvenile) Appeal No. 62 of 2015, by which he has affirmed the order dated 08.07.2015 passed by the Juvenile Justice Board, Muzaffarpur in Paroo P.S. Case No. 337 of 2014 is, hereby, set aside.

Vikash/- (Anjana Prakash, J.) U T