Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.960 of 2015 Arising Out of PS.Case No. 23 Year 2013 Thana Nardiganj District- NAWADA =========================================================== Rajesh Yadav @ Rajesh Kumar, Son of Late Ramji Yadav, Resident of VillageParariya, P.S.- Nardiganj, District- Nawada, under the Guardianship of his mother namely Bachi Devi, Wife of Late Ramji Yadav, Resident of Village- Parariya, P.S.- Nardiganj, District- Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Adv. For the State : Mr. C. Jawahar, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-03-2016 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the Judgment and order dated 18.9.2015 passed by the District and Sessions Judge, Nawada, in Cr. Appeal (Juvenile) No. 25 of 2015, by which he has affirmed the order dated 10.8.2015 passed by the Juvenile Justice Board, Nawada, in Juvenile Trial Case No. 343 of 2015, G.R. No. 655 of 2013 arising out of Nardiganj P.S. Case No. 23 of 2013, by which he has refused to release the Petitioner. Considering the period of custody, 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
Patna High Court CR. REV. No.960 of 2015 dt.17-03-2016 2/3 of Juvenile Justice Board, Nawada, in connection with Juvenile Trial Case No.343 of 2015, G.R. No. 655 of 2013 arising out of Nardiganj P.S. Case No. 23 of 2013 subject to the 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. 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.
Accordingly, the revision application is allowed and the Judgment and order dated 18.9.2015 passed by the District and
Patna High Court CR. REV. No.960 of 2015 dt.17-03-2016 3/3 Sessions Judge, Nawada, in Cr. Appeal (Juvenile) No. 25 of 2015 as also the order dated 10.8.2015 passed by the Juvenile Justice Board, Nawada, in Juvenile Trial Case No. 343 of 2015, G.R. No. 655 of 2013 arising out of Nardiganj P.S. Case No. 23 of 2013, are hereby, set aside.
(Anjana Prakash, J) S.Ali/- U T