Gudal Sai @ Gudan Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.885 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== GUDAL SAI @ GUDAN SAI Minor S/o Madina Khatoon W/o Gulab Sai Under the guardianship of his Mother. R/o village- Arar More, P.S.- Gopalganj, District- Gopalganj. His mother is natural guardian ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra For the Respondent/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the parties.
The present revision application has been preferred by the petitioner against the order dated 23.05.2019, passed by learned 1st Additional Sessions Judge, Gopalganj in Cr. Appeal No. 37 of 2019, by which, the appeal of the petitioner for grant of bail against the order dated 28.03.2019 of Juvenile Justice Board, Gopalganj in J.E. No. 125 of 2018 arising out of Gopalganj Town P.S. Case No. 122 of 2018, has been dismissed.
Informant in his written complaint has alleged that he was returning home after attending marriage ceremony and when he reached near Bansidhar Petroleum three unknown miscreants stopped him and on the point of gun looted his
Patna High Court CR. REV. No.885 of 2019(3) dt.12-12-2019 2/3 motorcycle and snatched Rs. 2300/- cash.
Learned counsel for the petitioner submits that Murad on whose confession the name of the petitioner has surfaced in this case has been granted bail by order dated 20.07.2018 in Criminal Miscellaneous No. 43587 of 2018. He further submits that 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 likely to bring him into association with any known criminal.
Considering the above, this revision application is allowed. The order dated 23.05.2019, passed by learned 1st Additional Sessions Judge, Gopalganj in Cr. Appeal No. 37 of 2019, is set aside.
The petitioner, named above, is directed to be released from the Remand Home on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Principal Member, Juvenile Justice Board, Gopalganj, in connection with J.E. No. 125 of 2018 arising out of Gopalganj Town P.S. Case No. 122 of 2018 subject to the condition that:-
Patna High Court CR. REV. No.885 of 2019(3) dt.12-12-2019 3/3 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 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) ranjan/- U