Patna High CourtCR. REV./168/2021bail granted

Rajiv Kumar @ Bikki @ Bikki Malhotra v. The State Of Bihar

2022-06-21Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.168 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== (XXX) Son Of Ashok Singh R/O Village- Golpar, P.S.- Uphara, DisttAurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Respondent/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State. This revision application is directed against the order dated 22.09.2020 passed by learned Special Judge (Children's Court), Gaya in Cr. Appeal (Juvenile) No. 46 of 2020 whereby and whereunder the order dated 08.06.2020 rejecting prayer for bail of the petitioner passed by learned Juvenile Justice Board, Gaya in connection with Magadh University P.S. Case No. 11 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code has been affirmed.

Learned counsel for the petitioner submits that the informant's pickup van loaded with fish was allegedly taken

Patna High Court CR. REV. No.168 of 2021(4) dt.21-06-2022 2/3 away by four unknown miscreants.

Learned counsel submits that the petitioner has been adjudged juvenile and in connection with this case he has remained in observation home since 17.02.2020. It is submitted that the name of the petitioner has transpired in the confessional statement of the co-accused but nothing incriminating has been recovered from his possession. It is his submission that the father of the petitioner is ready to give an undertaking that if released on bail, the petitioner shall not be allowed to indulge in any unlawful act and all care will be taken that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Having regard to the submission that the petitioner has been adjudged juvenile and in connection with this case he has remained in observation home since 17.02.2020, his name has transpired in the confessional statement of the co-accused but nothing incriminating has been recovered from his possession, his father is ready to stand as a surety and furnish an undertaking in terms stated hereinabove, this Court sets aside

Patna High Court CR. REV. No.168 of 2021(4) dt.21-06-2022 3/3 the impugned judgment and directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Gaya in connection with Magadh University P.S. Case No. 11 of 2020.

And further condition that one of the sureties shall be the father of the petitioner who will also furnish an undertaking that if released on bail the petitioner shall not be allowed to indulge in any unlawful act and all care will be taken that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station.

And it is further ordered that the Probation Officer attached to the Juvenile Justice Board, Gaya shall keep a vigil over the petitioner and will be submitting his periodical reports to the Juvenile Justice Board as regards the conduct of the petitioner.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: the ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during pandemic period all concerned shall act on the basis of the copy of the order uploaded on the high court website under the heading 'judicial orders passed during the pandemic period'.