Arpit Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.292 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== ARPIT ANSHU Son of Ranit Kumar Singh Resident of Village- Sursand, Purwari Tola, Ward No. 12, P.S.- Sursand, District- Sitamarhi, at present residing at Mohalla- Dumar, Ward No. 03, P.S.- Dumra, District- Sitamarhi, under the guardianship of Archana Priyadarshini Rummi, Wife of Ranit Kumar Singh, Resident of Village- Sursand, Purwari Tola, Ward No. 12, P.S.- Sursand, District- Sitamarhi, at present residing at Mohalla- Dumra, Ward No. 03, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice /Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences /offices.) Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan, Adv For the Respondent/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 09-07-2021 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 26.02.2021, passed by learned 1st Additional Sessions Judge cum Special Judge (Children's Court), Sitamarhi, in Juvenile/Criminal Appeal

2/4 No. 04 of 2021, by which, the appeal of the petitioner for grant of bail against the order dated 22.01.2021 of Juvenile Justice Board, Sitamarhi in J.J. Board Case No. 1039 of 2021 arising out of Riga PS Case No. 27 of 2021 has been dismissed.

Informant in his written report has alleged that when he was on duty of vehicle checking motorcycle borne miscreants after seeing the police party started fleeing away towards Riga but after chase they were apprehended who disclosed their name as Nilesh Jha and Arpit Anshu and on search from the possession of Nilesh Jha one loaded country made pistol along with three live cartridges were recovered and from Arpit Anshu (appellant) one mobile and stolen pulsar motorcycle were recovered.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case on mere suspicion. The recovered PULSAR motorcycle is not a stolen property and in fact the said motorcycle has been purchased by the mother of petitioner from Md. Akib Akhtar. Md. Akib Akhtar has signed over Form 29 and 30 which is the Form of transfer of ownership of a motor vehicle but in absence of some formalities the ownership could not be transferred.

3/4 According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger or is likely to bring him into association with any known criminal.

Considering the above, the order dated 26.02.2021, passed by learned 1st Additional Sessions Judge cum Special Judge (Children's Court), Sitamarhi, in Juvenile/Criminal Appeal No. 04 of 2021, is set aside.

The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs.20,000/-with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board, Sitamarhi in connection with J.J. Board Case No. 1039 of 2021 arising out of Riga PS Case No. 27 of 202 subject to the condition that:- One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the office-in-charge of

4/4 the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA