Sintu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1166 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN =========================================================== Sintu Kumar Singh S/o Prabhu Nath Singh, through his father and legal guardian namely, Prabhu Nath Singh S/o Late Hari Singh, R/o Village- Manupur, P.S.- Dighwara, District- Saran .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate Mr. Javed Aslam, Advocate For the State :

Mr. Upendra Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 05-01-2018 Heard learned counsel for the petitioner as well as learned APP appearing on behalf of the State.

2. The petitioner has preferred this revision application under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 assailing the order dated 23.09.2017, passed by learned 1st Additional Sessions Judge, Saran at Chapra in Criminal (Juvenile) Appeal No.53 of 2017 whereby the order rejecting the bail of the juvenile by the Juvenile Justice Board, Chapra was upheld.

3. The petitioner is one of the accused in Chapra Town P.S. Case No.240 of 2017, registered under Sections 399, 402 and 414 of the Indian Penal Code as well as under Sections 25(1-b)a, 26, 35 of the Arms Act.

4. Learned counsel for the petitioner submits that it is alleged that only two live cartridges and two mobiles were recovered from possession of the petitioner. The Juvenile Justice Board, Chapra has found

Patna High Court CR. REV. No.1166 of 2017 dt.05-01-2018 2 /2 the petitioner juvenile but bail was rejected on the ground that he may go in association of known criminals as he has two criminal antecedents but the petitioner has remained in observation home for last six months and in all two previous cases, the petitioner is on bail.

5. Having considered the said facts, circumstances and especially petitioner being found juvenile and is in observation home for last six months and the enquiry has not been concluded, so petitioner, Sintu Kumar Singh 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 Principal Magistrate, Juvenile Justice Board, Chapra in connection with J.J.B. No.1664 of 2017, arising out of Chapra Town P.S. Case No.240 of 2017 with a condition that one of the bailors must be one of the parents of the petitioner and further parents will file an undertaking to keep the petitioner in proper care so that he may not indulge in further criminal activity. If any further case is lodged against the petitioner, the bail bond of the petitioner in the present case is liable to be canceled in accordance with law.

6. The revision application stands allowed.

(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.01.2018 Transmission Date 09.01.2018