Patna High CourtCR. REV./132/2022bail granted

Hira Kumar v. The State Of Bihar

2022-06-22Mr. Justice Rajeev Ranjan Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.132 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== XXX, Son of Dhananjay Kumar @ Dhananjay Singh being represented through his father namely Dhananjay Kumar @ Dhananjay Singh (Male) aged about 51 years, Son of Vinod Prasad, Resident of Village- Apsarh, P.S.- Warsaliganj, District- Nawada.

... ... Petitioner

Versus

The State of Bihar 2.

Bibhansu Kumar, Son of Him Prasad, Resident of Village- Poxi, P.S.- Pakri Barawan, District- Nawada Mob- 7870733705 ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Advocate For the Respondent/s :

Mr.Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

This revision application is directed against the order dated 21.01.2022 passed by learned 1st Additional Sessions Judge-cum-Special Court, Nawada in Cr. Appeal (Juvenile) Case No. 36 of 2021 whereby and whereunder the order dated 17.11.2021 rejecting bail of the petitioner by learned Principal Magistrate, Juvenile Justice Board, Nawada in GR/C/J.I.N/1239/2021/820/2021 arising out of Warsaliganj P.S.

2/4 Case No. 127 of 2021 registered for the offences punishable under Section 394 of the Indian Penal Code has been affirmed. Learned counsel for the petitioner submits that the informant in the First Information Report alleged that his motorcycle including his purse containing money as also two mobiles were snatched by the unknown miscreants on the point of pistol.

Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the coaccused Anil Kumar and the co-accused Raja Babu @ Raja Baboo has been granted bail by a learned coordinate Bench of this Court in Cr. Revision No. 525 of 2021.

It is submitted that the petitioner has been declared juvenile aged about 13 years, 10 months and 01 day on the alleged date of occurrence by the Juvenile Justice Board, Nawada. He has remained in the observation home since 10.04.2021, his grand-father is ready to stand as a surety and furnish an undertaking that if released on bail the petitioner shall not be allowed to indulge in any unlawful act and all care will be taken that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station.

3/4 Learned APP for the State has opposed the prayer for bail of the petitioner.

Having regard to the submission that this petitioner has been adjudged juvenile by the Juvenile Justice Board, Nawada aged about 13 years, 10 months and 01 days, he has remained in the observation home since 10.04.2021, his name has transpired in the confessional statement of the co-accused Anil Kumar and the co-accused Raja Babu @ Raja Baboo has been granted bail by a learned coordinate Bench of this Court in Cr. Revision No. 525 of 2021 as also that the grand-father of the petitioner is ready to stand as a surety and furnish an undertaking as mentioned hereinabove, this Court sets aside the impugned order and directs release of the petitioner above named on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Nawada in connection with GR/C/J.I.N/1239/ 2021/ 820/2021 arising out of Warsaliganj P.S. Case No. 127 of 2021.

4/4 that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station. And it is further ordered that the Probation Officer attached to the Juvenile Justice Board, Nawada shall keep a vigil over the petitioner and will be submitting his periodical reports to the Juvenile Justice Board as regards the conduct of the petitioner.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.