Patna High CourtCR. REV./54/2015allowed

Jay Shankar Kumar @ Jay Shankar Sah v. The State Of Bihar

2015-02-052 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.54 of 2015 ====================================================== Jay Shankar Kumar @ Jay Shankar Sah son of Rameshwar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Respondent/s : Mr. Narendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-02-2015 The petitioner who is juvenile seeks quashing of the order dated 16.12.2014 passed by the Additional Sessions Judge 3rd, Saharsa by which he has dismissed the bail of the petitioner in Cr. Appeal No. 409 of 2014 after his conviction in connection with Bihra P.S. Case No. 120 of 2014. It has been submitted that the petitioner was not named in the first information report nor has put on test identification parade and there was no recovery from his possession. It has been submitted that the petitioner has no criminal antecedent and his brother undertakes his responsibility.

In view of such, let the Petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of

Patna High Court CR. REV. No.54 of 2015 (2) dt.05-02-2015 2/2 the Principal Magistrate, Juvenila Justice Board, Saharsa in connection with Bihra P.S. Case No. 120 of 2014. That one of the bailors will be brother of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, 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, 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, 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.

(Anjana Prakash, J) Prakash/- U T