Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.858 of 2019 Arising Out of PS. Case No.-87 Year-2017 Thana- KAJRA District- Lakhisarai ====================================================== CHHOTU YADAV, aged about 18 years, Male, Son of Mahendra Yadav Resident of Village - Basuhar, P.S.- Kajra, Distt - Lakhisarai under the Guardianship of his mother Geeta Devi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Respondent/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 04.10.2018 passed by learned Additional District and Sessions Judge, 1st Lakhisarai in Criminal Appeal No.32 of 2018, G.R. Case No.1389 of 2017, Kajra P.S. Case No.87/17, by which, the appeal of the petitioner for grant of bail against the order dated 04.06.2018 of Juvenile Justice Board, Lakhisarai in G.R. No.1389 of 2017, arising out of Kajra P.S. Case No.87 of 2017, has been dismissed. Allegation against the petitioner is recovery of one pistol along with one live cartridge from his possession. It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. REV. No.858 of 2019(3) dt.29-11-2019 2/3 case.

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 or is likely to bring him into association with any known criminal.

Considering the above, this revision application is allowed. The order dated 04.10.2018 passed by learned Additional District and Sessions Judge, 1st Lakhisarai in Criminal Appeal No.32 of 2018, G.R. Case No.1389 of 2017, Kajra P.S. Case No.87/17 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 Juvenile Justice Board, Lakhisarai in connection with G.R. No.1389 of 2017 arising out of Kajra P.S. Case No. 87 of 2017 subject to the 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

Patna High Court CR. REV. No.858 of 2019(3) dt.29-11-2019 3/3 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 office-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) Sanjay/- U T