Sanjay Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.214 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -null District- BUXAR ===========================================================

1. Sanjay Rajbhar son of and under natural guardianship of his father Sheonath Rajbhar Resident of village - Shanti Nagar, P.S. - Buxar (Town), District - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Respondent/s : Mr. R.B. Roy Raman, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-04-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 19.2.2015 passed by the District & Sessions Judge, Buxar in Criminal Appeal (Juvenile) No.3 of 2015, by which he has affirmed the order dated 20.1.2015 passed by the Juvenile Justice Board, Buxar in J.J.B. NO.523 of 2015 arising out of Itarhi P.S. case No.29 of 2014, by which he has refused to release the Petitioner. The petitioner seeks release in J.J.B. No.523 of 2015 arising out of Itarhi P.S. case No.29 of 2014.

Considering the nature of allegations as also that the Petitioner's mother Sona Devi undertakes his responsibility, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-

Patna High Court CR. REV. No.214 of 2015 dt.23-04-2015 2/3 (Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Buxar in connection with J.J.B. No.523 of 2015 arising out of Itarhi P.S. case No.29 of 2014, subject to the conditions (i) That one of the bailor shall be Sona Devi, mother 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.

(ii) That the bailor shall also state on affidavit that he 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 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, (iv) 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 dated 19.2.

2015 passed by the District & Sessions Judge, Buxar in Criminal Appeal (Juvenile) No.

Patna High Court CR. REV. No.214 of 2015 dt.23-04-2015 3/3 dated 20.1.2015 passed by the Juvenile Justice Board, Buxar in J.J.B. NO.523 of 2015 arising out of Itarhi P.S. case No.29 of 2014 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T