Guru Kumar @ Guru Sharan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.753 of 2018 Arising Out of PS. Case No.-359 Year-2017 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Guru Kumar @ Guru Sharan Kumar S/o Sadanand Biswas, R/o Vill.- Taranagar, P.S.- Srinagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Adv.

For the Respondent/s :

Mr.Sri Arun Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 03.01.2018 passed by learned 1st Additional Sessions Judge-cum-Special Juvenile Court, Purnia, in connection with Special (Juvenile) Case No. 01 of 2017, arising out of K. Nagar (Sri Nagar) P.S. Case No. 359 of 2017, registered under Sections 147, 148, 149, 341, 323, 325, 307, 354, 302, 504 of the Indian Penal Code has been dismissed.

Informant has alleged in his written complaint that on 05.07.2017 while he along with his family members were doing some agriculture work in his field, in the meantime, petitioner along with F.I.R. named accused persons came armed with lathi

Patna High Court CR. REV. No.753 of 2018(4) dt.17-01-2019 2/3 danda, Kudal and other deadly weapon and started assaulting to him, his father, mother and brother also. Thereafter, father of the informant were taken to hospital but doctor declared his father dead and other injured were referred to Purnia Sadar Hospital.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that there is no any evidence to show that the petitioner is likely to participate in such crime or involved in any bad company. There is land dispute between the parties, in which all female and children members of the family have been made accused.

According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger.

Considering the above, this revision application is allowed. The order dated 03.01.2018 passed by lerned 1st Additional Sessions Judge-cum-Special Juvenile Court, Purnia, in connection with Special (Juvenile) Case No. 01 of 2017,

Patna High Court CR. REV. No.753 of 2018(4) dt.17-01-2019 3/3 arising out of K. Nagar (Sri Nagar) P.S. Case No. 359 of 2017 is set aside.

The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Special Children Court, Purnia in connection with Special (Juvenile) Case No. 01 of 2017, arising out of K. Nagar (Sri Nagar) P.S. Case 359 of 2017, subject to condition that :

One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the officer-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) Rajiv/- U T