Saurav Kumar @ Saurav Kumar Jha @ Rahul @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.286 of 2014 =========================================================== Saurav Kumar @ Saurav Kumar Jha @ Rahul @ Rahul Kumar, S/O Lilanand Jha R/O Village- Hulash, P.S.- Raghopur, District- Supaul .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Manish Kumar, son of Bindeshwar Pandit, r/o Mohalla Indra Nagar, Road No. 8, P.S. Jakkanpur, Distt. Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bidhan Chandra Jha, Adv. For the State : Mr. R.B. Roy, 'Raman', A.P.P. For the Opposite Party No. 2 : Mr. Bajrangi Lal, Adv. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 16-04-2015 Heard learned counsel for the petitioner and the State. The Petitioner seeks revision of the order dated 13.2.2014 passed in Cr. Appeal No. 1804 of 2014 by which the learned Sessions Judge, Patna, has affirmed the order dated 23.12.2013 passed by the Juvenile Justice Board, Patna, in J.J.B. Case No. 261 of 2013 arising out of Jakkanpur P.S. Case No. 154 of 2013.

Considering that the Petitioner's father undertakes responsibility of the Petitioner and there does not appear any chance of mingling with anti social elements, 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

Patna High Court CR. REV. No.286 of 2014 dt.16-04-2015 2/3 Board, Patna City, in connection with Jakkanpur P.S. Case No. 154 of 2013 (JJB Case No. 261 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 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.

The application stands allowed and the entire proceeding including the order dated 13.2.2014 passed by the Sessions Judge, Patna, in Criminal Appeal No. 1804 of 2014 as also the order dated

Patna High Court CR. REV. No.286 of 2014 dt.16-04-2015 3/3 23.12.2013 passed by the Juvenile Justice Board, Patna City, in J.J.B. Case No. 261 of 2013 arising out of Jakkanpur P.S. Case No. 154 of 2013 are hereby set aside.

(Anjana Prakash, J) S.Ali/- U T