Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.52 of 2016 ====================================================== Rajesh Kumar Son of Late Manoj Mehta, Resident of Village - Paharpur, Kushwaha Tola, P.S. - Saur Bazar, District - Saharsa, under the guardianship of his mother Veena Devi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Respondent/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-04-2016 The petitioner seeks revision of the order dated 29.09.2015 passed by the Principal Member, Juvenile Justice Board, Saharsa in G.R. No. 2764 of 2014 arising out of Saur Bazar P.S. Case No. 475 of 2014 also judgment and order dated 3.11.2015 passed by the District and Sessions Judge Saharsa in Cr. Appeal No. 36 of 2015.

Considering that there is no direct evidence against the petitioner who has fair antecedents, let the petitioner above named, be released on furnishing bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Principal Member, Juvenile Justice Board, Saharsa in connection with Saur Bazar P.S. Case No. 475 of 2014, G.R. No. 2764 of

Patna High Court CR. REV. No.52 of 2016 (1) dt.05-04-2016 2/3 2014 subject to the conditions:

1. 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 another will be brother of the petitioner who will undertake to furnish information to the court about any change in the address of the petitioner,

2. 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 on bail,

3. That the bailors 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 bond on the ground of misuse,

4. 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 bond will be liable to be cancelled for reasons of misuse.

5. That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.

Patna High Court CR. REV. No.52 of 2016 (1) dt.05-04-2016 3/3 Accordingly, the revision application stands allowed and the order dated 29.09.2015 passed by the Principal Member, Juvenile Justice Board, Saharsa in G.R. No. 2764 of 2014 arising out of Saur Bazar P.S. Case No. 475 of 2014 also judgment and order dated 3.11.2015 passed by the District and Sessions Judge Saharsa in Cr. Appeal No. 36 of 2015, are hereby set aside. (Anjana Prakash, J) Prakash/- U T