Patna High CourtCR. REV./280/2016allowed

Nitish Kumar v. The State Of Bihar

2016-06-29Justice Smt. Anjana Prakash2 pages

Patna High Court CR. REV. No.280 of 2016 dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.280 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) ===========================================================

1. Nitish Kumar S/o Jawahar Prasad Yadav under the guardianship of father namely Jawahar Prasad Yadav, S/o Late Suba Yadav, resident of village- Kolhua Chautarwa, P.S.- Chautarwa, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-06-2016 The petitioner seeks revision of the order dated 8.2.2016 passed by the Sessions Judge, West Champaran in Cr. Appeal No. 79 of 2015 and order dated 1.12.2015 passed by the Juvenile Justice Board, Bettiah in connection with Tr. No. 495 of 2015 arising out of Chautarwa P.S. Case No. 233 of 2015.

Considering the facts of the case, let the petitioner above named, be released on furnishing bond of Rs.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, Bettiah in connection with Tr. No. 495 of 2015 arising out of Chautarwa P.S. Case No. 233 of 2015 subject to the conditions:

1. 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 bailor will undertake to furnish

Patna High Court CR. REV. No.280 of 2016 dt.29-06-2016 information to the court about any change in the address of the petitioner,

2. That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail,

3. That the bailors 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 bond on the ground of misuse,

4. 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.

The revision application stands allowed and the order dated 8.2.2016 passed by the Sessions Judge, West Champaran in Cr. Appeal No. 79 of 2015 and order dated 1.12.2015 passed by the Juvenile Justice Board, Bettiah in connection with Tr. No. 495 of 2015 arising out of Chautarwa P.S. Case No. 233 of 2015 are hereby set aside.

(Anjana Prakash, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 5.7.2016 Transmission Date 5.7.2016