Patna High CourtCR. REV./698/2021bail granted

Amit Kumar Thakur v. The State Of Bihar

2022-06-21Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.698 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== XXX, Son of Ashok Thakur, Under Natural Guardianship of His Ashok Thakur, Son of Mahavir Thakiur, R/O Village- Buniyad Bigha, P.SBarachatti, Dist- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Respondent/s :

Mr.Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned APP for the State. This revision application is directed against the order dated 04.10.2021 passed by learned Special Judge (Children Court), Gaya in Cr. Appeal (Juvenile) No. 57 of 2021 (C.I.S.) whereby and whereunder the order dated 24.08.2021 rejecting bail of the petitioner by learned Juvenile Justice Board, Gaya in G.R. No. 27 of 2021, Misc. 167 of 2021 arising out of Barachatti P.S. Case No. 07 of 2021 registered for the offences punishable under Sections 379, 420 of the Indian Penal Code and Section 67 of I.T. Act has been affirmed.

Patna High Court CR. REV. No.698 of 2021(3) dt.21-06-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been declared juvenile aged about 16 years, he has remained in the observation home since 25.06.2021 and he has otherwise no criminal antecedent as also that his father is ready to stand as a surety and furnish an undertaking that if released on bail the petitioner shall not be allowed to indulge in any unlawful act and all care will be taken that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station. Learned APP for the State has opposed the prayer for bail of the petitioner. It is submitted that in the social investigation report it has come that the parents of the petitioner have lost control over him and the petitioner seems to have get indulged in the cyber crime because of his bad company.

Having regard to the submission that the petitioner has been adjudged juvenile aged about 16 years, he has remained in the observation home since 25.06.2021 and he has otherwise no criminal antecedent as also that his father is ready to stand as a surety and furnish an undertaking as mentioned hereinabove, this Court sets aside the impugned order and directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice

Patna High Court CR. REV. No.698 of 2021(3) dt.21-06-2022 3/3 Board, Gaya in connection with G.R.27 of 2021, Misc. 167 of 2021 arising out of Barachatti P.S. Case No. 07 of 2021. And further condition that one of the sureties shall be the father of the petitioner who will also furnish an undertaking that if released on bail the petitioner shall not be allowed to indulge in any unlawful act and all care will be taken that he does not fall in the company of anti-social elements and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station.

And it is further ordered that the Probation Officer attached to the Juvenile Justice Board, Gaya shall keep a vigil over the petitioner and will be submitting his periodical reports to the Juvenile Justice Board as regards the conduct of the petitioner. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.