Amit Kumar Tiwari @ Amit Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 499 of 2015 =================================================== Amit Kumar Tiwari @ Amit Tiwari S/o Sri Dharamnath Tiwary R/o Village - Koluhan Karanpura, P.S. - Marhowrah, District - Saran, through his father Sri Dharam Nath Tiwari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha, Adv. For the Respondent/s: Mr. Mukesh Kr.Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

27.08.2015 Heard learned counsel for the Petitioner and the State.

This revision application has been filed for setting aside the judgment and order dated 27.05.2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 49 of 2015, by which he has affirmed the order dated 12.05.2015 passed by the Juvenile Justice Board, Saran at Chapra in JJB Case No. 1359 of 2015 arising out of Chapra Town P.S. Case No. 87 of 2015, by which he has refused to release the Petitioner. Considering that the Petitioner's brother-in-law, Jay Prakash undertakes his responsibility, let him be released on furnishing bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Juvenile Justice Board, Saran at Chapra in JJB Case No. 1359 of 2015 arising out of Chapra Town P.S. Case

Patna High Court CR. REV. No.499 of 2015 (2) dt.27-08-2015 No. 87 of 2015 subject to the following conditions:- (i) 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 and the other bailor shall be the brother-in-law of the Petitioner namely Jai Prakash. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) 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.

(iii) 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 release on the ground of misuse. (iv) 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 release will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his release will be liable to be cancelled.

In the nature of allegations, the Petitioner is directed to appear before the Head Priest of Local Temple, Saran at Chapra within fifteen days of his release and file

Patna High Court CR. REV. No.499 of 2015 (2) dt.27-08-2015 a certificate about the same in the Court. On filing of the certificate the Petitioner will be granted provisional release for a period of six months. In case, the Petitioner does not file a certificate about his reporting to the Head Priest within two weeks of his release from custody, he shall be noticed cancellation of release. During six months the Petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Local Temple, Saran at Chapra and at the end of the six months, he will file a certificate of his conduct in the Court below issued by the Head Priest. If the certificate granted to the Petitioner is found satisfactory, the Court below will confirm the provisional release granted to the Petitioner and in case it is not, the Petitioner will be taken in custody.

Accordingly, the revision application is allowed and the judgment and order dated 27.05.2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 49 of 2015, by which he has affirmed the order dated 12.05.2015 passed by the Juvenile Justice Board, Saran at Chapra in JJB Case No. 1359 of 2015 arising out of Chapra Town P.S. Case No. 87 of 2015 is, hereby, set aside.

Vikash/- (Anjana Prakash, J.) U T