Patna High CourtCR. REV./166/2015allowed

Anand Mishra v. State Of Bihar And ANR

2015-07-23Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.166 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ ===========================================================

1. Anand Mishra S/o Lavkesh Mishra, R/o Village - Dauda Rampur, P.S. Kuchaikote, District - Gopalganj. Under the guardianship of his father, namely Lav Kesh Mishra.

.... .... Petitioner/s

Versus

1. The State of Bihar &

2. Jwala Singh, son of Chandradip Singh, resident of village-Mundal P.S.-Darauli, District-Siwan, presently Uchchkagaon SHO, P.S.-Uchchkagaon, DistrictGopalganj. .... .... Respondent/s With =========================================================== Criminal Revision No. 230 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ ===========================================================

1. Anand Mishra S/o Lavkesh Mishra, R/o Village - Dauda Rampur, P.S. Kuchaikote, District - Gopalganj. Under the guardianship of his father, namely Lav Kesh Mishra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Mustkim, S/o Md. Lukman, Resident of Village - Dahibhatta, P.S. - Uchkagaon, District - Gopalganj.

.... .... Respondent/s =========================================================== Appearance :

(In CR. REV. No. 166 of 2015) For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate For the Respondent/s : Mr. Rana Randhir Singh, APP (In CR. REV. No. 230 of 2015) For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate For the Respondent/s : Mr. R. B. Roy 'Raman', APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-07-2015 Criminal Revision No.166 of 2015 has been preferred against the order dated 28.01.2015 passed by the 2nd Additional Sessions Judge, Gopalganj, passed in Cr. Appeal No.59 of

Patna High Court CR. REV. No.166 of 2015 dt.23-07-2015 2/3 2014/Registration No.747 of 2014 preferred against the order dated 01.12.2014 passed by the Juvenile Justice Board, Gopalganj, in Gopalganj Town P.S. Case No.483 of 2014.

Criminal Revision No.230 of 2015 has been preferred against the order dated 28.01.2015 passed by the 2nd Additional Sessions Judge, Gopalganj, passed in Cr. Appeal No.60 of 2014/Registration No.748 of 2014 preferred against the order dated 01.12.2014 passed by the Juvenile Justice Board, Gopalganj, in Gopalganj Town P.S. Case No.482 of 2014.

Considering that the Petitioner has fair antecedents except a connected case and the Petitioner's father undertakes his responsibility, let the Petitioner, above named, be released on bond on furnishing bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Gopalganj, in connection with Gopalganj Town P.S. Case No.483 of 2014 (Cr. Revision No.166 of 2015)/ Gopalganj Town P.S. Case No.482 of 2014 (Cr. Revision No.230 of 2015), subject to the conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the

Patna High Court CR. REV. No.166 of 2015 dt.23-07-2015 3/3 petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bond will be liable to be cancelled for reasons of misuse, and (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. The Juvenile Justice Board is directed to amalgamate Gopalganj Town P.S. Case No.483 of 2014 with Gopalganj Town P.S. Case No.482 of 2014 since both the cases arise out of the same transaction.

The applications stand disposed off.

(Anjana Prakash, J) JA/- U T