Piyush Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.291 of 2016 Arising Out of PS.Case No. 73 Year 2014 Thana Matihani District- BEGUSARAI =========================================================== Piyush Kumar @ Bittu Kumar, Son of Anil Prasad Singh, Resident of VillageBhairvar, P.S.- Mufassil, District- Begusarai (Under guardianship of father namely Anil Prasad Singh).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the State : Mr. Ashok Kumar, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-06-2016 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the Judgment and order dated 9.2.2016 passed by the Sessions Judge, Begusarai, in Cr. Appeal No. 14 of 2016, by which he has affirmed the order dated 21.1.2016 passed by the Juvenile Justice Board, Begusarai, in Matihani P.S. Case no. 73 of 2014, by which he has refused to release the Petitioner.
Considering that the Petitioner's father 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 Juvenile Justice Board, Begusarai, in connection with Matihani P.S. Case No. 73 of 2014
Patna High Court CR. REV. No.291 of 2016 dt.21-06-2016 2/3 subject to the 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 and the other shall be the father of the Petitioner namely, Anil Prasad Singh. The bailor will also undertake to inform the Court if there is 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 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 release 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 9.2.2016 passed by the Sessions Judge, Begusarai, in Cr. Appeal No. 14 of 2016, and the order dated
Patna High Court CR. REV. No.291 of 2016 dt.21-06-2016 3/3 21.1.2016 passed by the Juvenile Justice Board, Begusarai, in Matihani P.S. Case No. 73 of 2014, are, hereby, set aside. (Anjana Prakash, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28/6/2016 Transmission Date 28/6/2016