Mannu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL REVISION No.361 of 2020 Arising Out of PS. Case No.-215 Year-2018 Thana- THAWE District- Gopalganj ====================================================== MANNU KUMAR S/o- Bablu Prasad Resident of Village- Sasamusa, P.S.- Kuchaykot, District- Gopalganj.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :
For the Petitioner/s :
Mr.Harendra Prasad,Advocate For the Respondent/s :
Ms.Madhuri Lata,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-07-2021 At the outset, learned counsel for the petitioner submits that due to a typographical error, he has wrongly recorded the custody of the petitioner since 02.11.2019, in fact it should be 02.11.2018.
Heard learned counsel for the petitioner and Ms. Madhuri Lata, learned APP for the State.
The petitioner in the present case is seeking regular bail in connection with Thawe P.S. Case No. 215 of 2018 registered for the offences punishable under Sections 379, 413 & 414 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per the prosecution story, while the informant was on patrolling duty received information that an unknown thief has committed theft in Feno Bank. On this information, the informant reached
Patna High Court CR. REV. No.361 of 2020(5) dt.12-07-2021 2/3 there and saw 8-10 persons were beating a thief then police saved that person and searched him and recovered Rs.23,580/- and a mobile from his possession. On interrogation he disclosed his name as Mannu Kumar (this petitioner).
Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner was a juvenile at the time of occurrence and was a student of class 10th. The petitioner is in custody since 02.11.2018.
Learned APP for the State has opposed the prayer for regular bail of the petitioner. Learned APP has gone through the case diary and social investigation report. This Court has been informed that this petitioner has got five cases on his head. She has, however, informed this Court that in the social investigation report it has come that he was a student of class 10th in a government school.
Having regard to the facts and circumstances of the case wherein this Court has been informed that the petitioner has been adjudged juvenile on the alleged date of occurrence but he is in the observation home since 02.11.2018 i.e. more than two and half years and at this stage his father is ready to furnish an undertaking that if released on bail he will not allow the
Patna High Court CR. REV. No.361 of 2020(5) dt.12-07-2021 3/3 petitioner to fall in the bad company and all endeavours will be made to get continued with his study, this Court is inclined to release the petitioner on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Gopalganj in connection with Thawe P.S. Case No. 215 of 2018. One of the bailors should be the father of the petitioner. He will also give an undertaking that after release of the petitioner he will ensure that the petitioner continue with his study and does not fall in the bad company. The Probation Officer shall keep visiting the place of the petitioner and submit a periodical report to the Juvenile Justice Board, Gopalganj.
The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- 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'.