Rakesh Kumar Yadav @ Rakesh Kumar @ Rakesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.6 of 2015 Arising Out of PS.Case No. -346 Year- 2013 Thana -Sour Bazar District- SAHARSA ===========================================================
1. Rakesh Kumar Yadav @ Rakesh Kumar @ Rakesh Yadav Son of Raven Yadav @ Ravindra Prasad
2. Rajeev Kumar @ Rajeev Yadav Minor Son of Lotan Yadav @ Lutan Yadav under legal guardianship of his father Lotan Yadav @ Lutan Yadav
3. Rupesh Yadav @ Rupesh Kumar Minor Son of Navin Prasad Yadav under legal guardianship of his father Navin Prasad Yadav, All residents of Village - Padampura, Police Station - Sour Bazar (Baijnathpur O.P.), District - Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mrs. Anita Kumari Singh, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-03-2015 Heard learned Counsel for the petitioners and the State. This revision application has been filed for setting aside the judgment dated 28.11.2014 passed by the Additional Sessions Judge 2nd, Saharsa in Criminal Appeal No.407 of 2014, by which he has affirmed the order dated 26.8.2014 passed by the Juvenile Justice Board, Saharsa in Sour Bazar (Baijnathpur O.P.) P.S. case No.346 of 2013 (G.R. No.1849 of 2013), by which he has refused to release the Petitioners.
The petitioners seek release in Sour Bazar (Baijnathpur O.P.) P.S. case No.346 of 2013 (G.R. No.1849 of 2013) on the ground
Patna High Court CR. REV. No.6 of 2015 dt.19-03-2015 2/3 that the only material against them is of having been named in the confessional statement of the co-accused. The further submission is that the Petitioners have no criminal antecedents nor is there any danger of being mingling with anti social elements. Considering the aforesaid facts, let the petitioners above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Saharsa in connection with Sour Bazar (Baijnathpur O.P.) P.S. case No.346 of 2013 (G.R. No.1849 of 2013), subject to the conditions (i) That one of the 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.6 of 2015 dt.19-03-2015 3/3 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 dated 28.11.2014 passed by the Additional Sessions Judge 2nd, Saharsa in Criminal Appeal No.407 of 2014 as also the order dated 26.8.2014 passed by the Juvenile Justice Board, Saharsa in Sour Bazar (Baijnathpur O.P.) P.S. case No.346 of 2013 (G.R. No.1849 of 2013) is, hereby, set aside.
(Anjana Prakash, J) Narendra/- U T