Vishwajeet Kr. Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.36 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== Vishwajeet Kr. Pandit, Son of Madan Pandit, resident of Village- Madhepur, P.S. Barauli, District- Gopalganj under his natural guardianship of father namely Madan Pandit, s/o Jagpandit, resident of vill- Madhepur, P.S. Barauli, Dist., Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Respondent/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 01.10.2018, passed by learned 1st Additional Sessions Judge, Gopalganj in Criminal Appeal No.44 of 2018, by which, the appeal of the petitioner for grant of bail against the order dated 01.08.2018 of Juvenile Justice Board, Gopalganj in J.E Case No.107/2018 arising out of Manjhagarh P.S. Case No. 219/2018 has been dismissed. Allegation against the petitioner is recovery of stolen motorcycle from his house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that the alleged motorcycle has been

Patna High Court CR. REV. No.36 of 2019(4) dt.19-02-2019 2/3 recovered from the open house space of the petitioner which does not belong to him. Petitioner has no criminal antecedent and he is in custody since 22.07.2018.

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, this revision application is allowed. The order dated 01.10.2018, passed by learned 1st Additional Sessions Judge, Gopalganj is set aside. The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Juvenile Justice Board, Gopalganj in connection with J.E Case No.107/2018 arising out of Manjhagarh P.S. Case No. 219/2018 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

Patna High Court CR. REV. No.36 of 2019(4) dt.19-02-2019 3/3 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 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) Sanjay/- U T