Binay Kumar v. The State Of Bihar

Patna High Court CR. REV. No.508 of 2015 dt.20-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.508 of 2015 Arising Out of PS.Case No. 07 Year- 2015 G.R. Case No. 103 of 2015 District- AURANGABAD =========================================================== Binay Kumar, son of Mohan Kr. Yadav, the natural guardian of the Juvenile petitioner, resident of village Chapri, P.S. Navinagar, Distt. Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar Singh, Adv. For the State : Mr. R.B. Roy 'Raman', A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 20-08-2015 Heard learned counsel for the Petitioner and the State. This revision application has been filed for setting aside the Judgment and order dated 11.5.2015 passed by the Sessions Judge, Aurangabad, in Cr. Appeal No. 25 of 2015, by which he has affirmed the order dated 21.3.2015 passed by the Juvenile Justice Board, Aurangabad, in Nabinagar P.S. Case No. 07 of 2015, by which he has refused to release the Petitioner.

Considering that the Petitioner's uncle undertakes the responsibility of the Petitioner, 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 Juvenile Justice Board, Aurangabad, in connection with Nabinagar P.S. Case No. 07 of 2015, 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

Patna High Court CR. REV. No.508 of 2015 dt.20-08-2015 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 on bail. (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 bail 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 bail 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 bail will be liable to be cancelled. Accordingly, the revision application is allowed and the Judgment and order dated 11.5.2015 passed by the Sessions Judge, Aurangabad, in Cr. Appeal No. 25 of 2015, as also the order dated 21.3.2015 passed by the Juvenile Justice Board, Aurangabad, in Nabinagar P.S. Case No. 07 of 2015, is, hereby, set aside. (Anjana Prakash, J) S.