Patna High CourtCR. REV./477/2016bail granted

Prince Kumar v. The State Of Bihar

2016-07-14Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.477 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) ===========================================================

1. Prince Kumar son of Shri Sudama Rao @ Sudama Rai, resident of VillageGobinapur, Police Station- Chanpatia, District- West Champaran, under the guardian of his father, namely Shri Sudama Rao @ Sudama Rai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Respondent/s : Mr. Rajeev Nayan, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 14-07-2016 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment dated 28.3.2016 passed by the Sessions Judge, West Champaran at Bettiah in Criminal Appeal No.08 of 2016, by which he has affirmed the order dated 8.2.2016 passed by the Juvenile Justice Board, Bettiah, District West Champaran in Chanpatia P.S. case No.284 of 2015/ J.J.B. Trial No.510 of 2015, by which he has refused to release the Petitioner.

Considering the period of custody of the Petitioner and the undertaking of his father, 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

Patna High Court CR. REV. No.477 of 2016 dt.14-07-2016 2/3 Board, Bettiah, District West Champaran in connection with Chanpatia P.S. case No.284 of 2015/ J.J.B. Trial No.510 of 2015, subject to the conditions (i) That one of the bailor shall be the father 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 28.3.

2016 passed by the Sessions Judge, West Champaran at Bettiah in Criminal Appeal No.08 of 2016 as also the order dated 8.2.

Patna High Court CR. REV. No.477 of 2016 dt.14-07-2016 3/3 District West Champaran in Chanpatia P.S. case No.284 of 2015/ J.J.B. Trial No.510 of 2015 is, hereby, set aside. (Anjana Prakash, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.07.2016 Transmission Date 16.07.2016