Sanjay Yadav @ Sanjit @ Sanjeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 822 of 2015 =================================================== Sanjay Yadav @ Sanjit @ Sanjeet Kumar Yadav S/o Late Madan yadav, R/o Village - Atarsan Tole, Medu Chapra P.S. - Rasulpur, District - Saran at Chapra, under guardianship of mother of the petitioner namely Sone Devi, w/o Late Madan Yadav, r/o Village - Atarsan Tole, Medu Chapra, P.S. - Rasulpur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh, Adv. For the Respondent/s: Mr. Md. Sufiyan (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

09.11.2015 Heard learned counsel for the Petitioner and the State.

This Revision Application has been filed for setting aside the judgment and order dated 04.09.2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 105 of 2015, by which he has affirmed the order dated 19.08.2015 passed by the Principal Magistrate, Juvenile Justice Board, Saran at Chapra in J.J.B. Case No. 1377 of 2015 arising out of Rasulpur P.S. Case No. 33 of 2015, by which he has refused to release the Petitioner.

Considering that the Petitioner has fair antecedents and his mother, Sona Devi undertakes his responsibility, let the Petitioner, above named be released on furnishing bond of Rs. 5,000/- (Five Thousand) with

Patna High Court CR. REV. No.822 of 2015 (2) dt.09-11-2015 two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Principal Magistrate, Juvenile Justice Board, Saran at Chapra in J.J.B. Case No. 1377 of 2015 arising out of Rasulpur P.S. Case No. 33 of 2015 subject to the following 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 and the other bailor shall be the mother of the Petitioner namely Sona Devi. 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.

(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 release 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 release will be liable to be cancelled for reasons of misuse.

Patna High Court CR. REV. No.822 of 2015 (2) dt.09-11-2015 so on two consecutive dates, his release will be liable to be cancelled.

Accordingly, the Revision Application is allowed and the judgment and order dated 04.09.2015 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 105 of 2015 as also order dated order dated 19.08.2015 passed by the Principal Magistrate, Juvenile Justice Board, Saran at Chapra in J.J.B. Case No. 1377 of 2015 arising out of Rasulpur P.S. Case No. 33 of 2015 is, hereby, set aside.

Vikash/- (Anjana Prakash, J.) U T