Patna High CourtCR. REV./690/2018allowed

Nakul Pasi v. The State Of Bihar

2018-07-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.690 of 2018 ===================================== Nakul Pasi S/o Shri Krishna Pasi, R/o Vill.- Jhakari Hatta, P.S.- Barhariya, District- Siwan under the guardianship of his father Shri Krishna Pasi S/o Jagarnath Pasi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Respondent/s : Mr. Sri Jai Narain Thakur ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2018 The petitioner was declared a juvenile on 28.03.2018 by the Juvenile Justice Board, Siwan. He has been made accused in connection with Barhariya P.S. Case No. 450 of 2017 instituted for the offences under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

The petitioner/juvenile is in the remand home since 11.03.2018.

The petitioner and his other associates were found to be in possession of illicit liquor. He had been made accused in a case of similar nature earlier also.

The learned counsel for the petitioner has submitted that the age of the petitioner has been assessed as less than sixteen years and the opinion of the Probation Officer that

Patna High Court CR. REV. No.690 of 2018 (2) dt.13-07-2018 2/2 there is a possibility of the petitioner falling in bad company in case he is released on bail, is not based on any sound logic.

Regard being had to the period for which the petitioner has been in the remand home and the nature of accusation against him, he is directed to be released on bail on his furnishing bonds in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Siwan in connection with Juvenile Trial No. 44 of 2018, arising out of Barhariya P.S. Case No. 450 of 2017.

One of the bailors shall be the father of the petitioner, who at the time of filing of his bonds shall furnish an undertaking that he shall take good care of his son and shall report about any disobedience of his son to the Officer-incharge of the concerned Police Station immediately. The present revision petition is accordingly allowed. (Ashutosh Kumar, J) Shageer/- U T