Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.261 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA ===========================================================

1. Pawan Kumar son of Amresh Kumar @ Amresh Singh Resident of VillageBana, Police Station- Khizarsarai, District- Gaya. Minor Petitioner under guardianship of his father Amresh Kumar @ Amresh Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-05-2016 The petitioner seeks revision of the order dated 20.02.2016 passed by the Sessions Judge, Gaya in Cr. Appeal (Juvenile) No. 09 of 2016 as well as order dated 03.02.2016 passed by the Juvenile Justice Board, Gaya in Khizarsarai P.S. Case No. 57 of 2015. Considering the undertaking of the father of the petitioner, 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 Juvenile Justice Board, Gaya in connection with Khizarsarai P.S. Case No. 57 of 2015 subject to the conditions: A 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 bailor will be father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, B. 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.

C. That the bailor 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, D. 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.

E. 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.

The revision application stands allowed and the order dated 20.02.2016 passed by the Sessions Judge, Gaya in Cr. Appeal (Juvenile) No. 09 of 2016 as well as order dated 03.02.2016 passed

by the Juvenile Justice Board, Gaya in Khizarsarai P.S. Case No. 57 of 2015 are hereby set aside.

(Anjana Prakash, J) Prakash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.05.2016 Transmission Date 21.05.2016