Sajid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.915 of 2019 Arising Out of PS. Case No.-271 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== Sajid Ali, Son of Md. Muslim @ Mohammad Muslim under guardianship of Md. Muslim @ Mohammad Muslim aged about41 S/o Jamaluddin Miya, R/oSheikh Mohalla, P.S.- Siwan (T), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Respondent/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner in the present case has been declared juvenile by the Juvenile Justice Board. He is seeking setting aside of the impugned appellate order dated 01.07.2019 passed in Cr.Appeal No.30 of 2019, G.R.No.1574/2019 arising out of Siwan Town P.S. Case No.271/2019, J.E. No.139/2019 by Shri Vinod Kumar Shukla, the learned Additional District and Sessions Judge-Ist cum Special Judge, Siwan whereby and whereunder the order of Juvenile Justice Board, Siwan has been affirmed and appeal preferred by the petitioner has been dismissed.

The allegation against the petitioner is that he had

Patna High Court CR. REV. No.915 of 2019(4) dt.31-01-2020 2/3 gone along with co-accused to withdraw a sum of Rs.49,000/- by making forged signature on the forged cheque. He was arrested by the police and he is presently lying in the observation home since 25.04.2019.

Learned counsel for the petitioner submits that the present application has been filed by the father of the petitioner who is a law abiding citizen and being a man of of means is ready to keep the petitioner with him and under his protection and if petitioner released on bail, the father of this petitioner shall furnish undertaking to the aforesaid effect. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case wherein this petitioner has been declared juvenile and is in observation home since 25.04.2019 and his father is giving undertaking that henceforth he will take care of the petitioner and shall not allow him to go in bad company, let the petitioner be reunited with his family. This Court directs release of the petitioner on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Siwan in connection with Siwan Town P.S. Case No.271 of 2019, subject to the condition that one of the bailors would be his father who will also furnish an

Patna High Court CR. REV. No.915 of 2019(4) dt.31-01-2020 3/3 undertaking that he will keep vigil over the petitioner and would protect him from falling in bad company.

(Rajeev Ranjan Prasad, J) arvind/- U T