Patna High CourtCR. REV./527/2016allowed

Ved Prakash @ Ved Prakash Trivedi v. The State Of Bihar

2017-01-09Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.527 of 2016 ======================================================

1. Ved Prakash @ Ved Prakash Trivedi S/o Om Prakash Trivedi under the guardianship of Sri Om Prakash Trivedi who is the father of the petitioner resident of village - Kishanpur, P.S. - Tariyani, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Respondent/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the parties.

2. The petitioner is a juvenile. His application for bail has been rejected by the Juvenile Justice Board, Muzaffarpur on the ground that if released on bail, there is likelihood of him falling in association with the criminals and there was also possibility that he will be exposed moral, physical and psychological danger. On similar reasonings, learned Sessions Judge, Muzaffarpur has denied him bail by order dated 02.03.2016 passed in Criminal Appeal No. 11 of 2016.

3. The present revision application under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 has been filed against the aforesaid order.

4. Learned counsel appearing on behalf of the petitioner

has submitted that though there was nothing available before the Court below to suggest that petitioner would fall in association with the criminals or he will be exposed to moral physical and psychological danger, on which ground his application for bail has been rejected.

5. The petitioner is in custody since 13.08.2015. He is an accused in Bochahan P.S. Case No. 70 of 2015 registered for the offences punishable under Sections 147,148,149,387,427,436 of the Indian Penal Code and Section 25 (1-b)a, 35 of the Arms Act as well as Sections 16,17,18,20,21 of the UAPA Act. There is nothing to show that enquiry as contemplated under Section 14 of the Act has been completed.

7. Considering the above, this application is allowed. The order dated 02.03.2016, passed by the learned Sessions Judge, Muzaffarpur, is set aside.

8. Let the petitioner be released on bail on furnishing an affidavit by his father to the effect that he will look after the interest of the petitioner and will not allow him to fall in bad company. In additional to the affidavit, the father of the petitioner will also be required to furnish personal bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Station of the learned Juvenile Justice Board, Muzaffarpur in connection

with Bochahan P.S. Case No. 70 of 2015 (G.R. No. 12 of 2015). (Chakradhari Sharan Singh, J) ArunKumar/- U