Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1029 of 2014 Arising Out of PS.Case No. -33 Year- 2014 Thana -null District- MUNGER =========================================================== Rajesh Yadav son of Naresh Yadav, resident of village Dhobai, Police Station Tarapur, District Munger under the guardianship of his father Naresh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the Respondent/s : Mr. Arun Kumar Singh-5, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-03-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 20.10.2014 passed by the Sessions Judge, Munger in Criminal Appeal No.57 of 2014, by which he has affirmed the order dated 3.9.2014 passed by the Juvenile Justice Board, Munger in Juvenile Justice Board No.28 of 2014 arising out of Tarapur P.S. case No.33 of 2014, by which he has refused to release the Petitioner.

The petitioner seeks release in Juvenile Justice Board No.28 of 2014 arising out of Tarapur P.S. case No.33 of 2014 on the ground that there is general allegation against the Petitioner and there was no adverse report of the Probation Officer which was merely to the extent that the Petitioner be detained for a longer period. Also now the

Patna High Court CR. REV. No.1029 of 2014 dt.26-03-2015 2/3 Petitioner's brother-in-law Karelal Yadav undertakes his responsibility and there is no chance of his mingling with anti social elements.

Considering such aspect of the matter, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Munger in connection with Juvenile Justice Board No.28 of 2014 arising out of Tarapur P.S. case No.33 of 2014, subject to the conditions (i) That one of the bailor shall be Karelal Yadav, brother-in-law of the Petitioner and the other bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioner.

Patna High Court CR. REV. No.1029 of 2014 dt.26-03-2015 3/3 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. Accordingly, the revision application is allowed and the judgment and order dated 20.10.2014 passed by the Sessions Judge, Munger in Criminal Appeal No.57 of 2014 and the order dated 3.9.2014 passed by the Juvenile Justice Board, Munger in Juvenile Justice Board No.28 of 2014 arising out of Tarapur P.S. case No.33 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T