Feeroj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.341 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== FEEROJ ANSARI Son of Nazir Hussain Under the Gurdianship of Nazir Hussain the Father and Natural guardian Both, Resident of Village - Rampur Bangara , P.s.- Tareya Sujan , Distt. - Kushi Nagar (U.P) at Present resident of Village - Pakri, P.s.- Kuchaikote, Distt.- Gopalganj.......... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2019

1. Petitioner has preferred this revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 against the order dated 30.01.2019 passed by learned Sessions Judge, Gopalganj in Cr. Appeal No. 12 of 2019 by which the order dated 16.01.2019 passed by the learned Juvenile Justice Board, Gopalganj in J.E No. 157 of 2018 (arising out of Bishambhar P.S. Case No. 127 of 2018) has been confirmed and the prayer of the petitioner for grant of bail has been rejected.

2. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

3. Two stolen motorcycles along with three persons including petitioner were apprehended. Petitioner was driving one of the motorcycle and on query he disclosed that he has

Patna High Court CR. REV. No.341 of 2019(3) dt.23-05-2019 2/3 purchased the aforesaid motorcycle from one Rakesh Sahni in Rs.9000/- and said Rakesh Sahni was also arrested and he conceded the factum of selling out of aforesaid motorcycle to the petitioner in Rs.9000/-.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has purchased the seized motorcycle from Rakesh Sahni without having knowledge of aforesaid motorcycle to be stolen one and Rakesh Sahni has also conceded the factum of selling out of aforesaid motorcycle to him. He has no criminal antecedent. He is a minor. He has been languishing in custody since 09.11.2018. Father of the petitioner is ready to take his custody and proper care.

5. Learned counsel for the State opposed the prayer of the petitioner.

6. After hearing the learned counsel for the both the parties and on perusal of the materials available on record, I find substance in contention of the learned counsel for the petitioner.

7. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be

Patna High Court CR. REV. No.341 of 2019(3) dt.23-05-2019 3/3 sustained. Hence, the impugned order is set aside. The petitioner abovementioned is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Gopalganj in connection with J.E No. 157 of 2018 (arising out of Bishambhar P.S. Case No. 127 of 2018), on the following terms and conditions:- (i) One of the bailors will be the father of the petitioner.

(ii) Father of the petitioner will produce the petitioner in the court if and when required.

(iii) The petitioner will not indulge in similar or in any other offence.

(iv) in case of his absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile Justice Board and he will be taken into custody.

8. In the result, this application is allowed. (Prakash Chandra Jaiswal, J) T.Kr./- U T