Golu Kumar Mishra @ Shubham Kumar Mishra @ Golu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.925 of 2017 Arising Out of PS. Case No.-213 Year-2015 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Golu Kumar Mishra @ Shubham Kumar Mishra @ Golu Mishra, Son of Arjun Mishra, Resident of Village- Sultanpur, Police Station- Kateya, District- Gopalganj. Through his father and natural Guardian Arjun Mishra, Son of Baban Mishra, resident of Village- Sultanpur, Police Station- Kateya, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baskshi S.R.P. Sinha, Sr. Advocate.
Mr. Lokesh Kumar Singh, Advocate.
For the Respondent/s :
Mr. SRI NARENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-03-2018 The petitioner/juvenile has approached this Court through his father for being released from the remand home where he has been lodged in connection with Gopalganj Town P.S. Case No. 213 of 2015 instituted for the offences under Section 414 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act read with Sections 4 and 5 of the Explosive Substance Act. A bomb was exploded in a sweet shop and the juvenile/petitioner was arrested thereafter. He was made accused in another case vide Gopalganj Town P.S. Case
2/4 No. 212 of 2015 which was registered under other Sections of the Indian Penal Code.
Learned counsel for the petitioner has also pointed out that the petitioner has been in the remand home since 08.06.2015 which is almost about 21⁄2 years. Learned counsel for the petitioner has also submitted that though the District Probation Officer has reported against the release of the juvenile/petitioner from remand home but the father of the juvenile/petitioner is ready to undertake before the J.J.B. that he shall take good care of his child and shall keep him under his guidance and control.
So far as the merits of the case is concerned, learned counsel for the petitioner has submitted that it is a case of mistaken identity. The juvenile/petitioner had gone to purchase sweets for his family and in the meantime a bomb was exploded. Taking advantage of the smoke which had emitted and had filled the shop, the main culprits managed to escape and the petitioner was wrongly made accused in this case. But for his
3/4 mistaken identity and his so-called confession, there is no other material to connect the petitioner with the offence.
Regard being had to the fact that the petitioner has remained in the remand home since 08.06.2015 and the father is ready to take control of him, this Court is inclined to release the petitioner from the remand home. While saying so, this Court also is of the view that there is nothing on record to suggest that he has not improved in remand home.
Let the juvenile/petitioner above named be released on furnishing bail bond 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, Gopalganj in connection with J.E. Case No. 78 of 2015, arising out of Gopalganj (Town) P.S. Case No. 213 of 2015.
One of the bailors shall be the father of the juvenile/petitioner who at the time of filing of the bail bonds shall furnish an undertaking that he shall take
4/4 good care of his child and in case the juvenile/petitioner does not pay heed to his advice, he shall report the matter to the officer-in-charge of the concerned police station.
With the aforesaid observation, the revision petition is allowed.
(Ashutosh Kumar, J) krishna/- U T