Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.730 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== XXX, Son of Ranjeet Paswan Resident of Village - Sirsiya, P.S.- Tariyani Chapara, District - Sheohar through his Natural Guardian Father namely Ranjeet Paswan, Male, Aged about 41 years, S/o Ram Dayal Paswan, Resident of Village - Sirsiya, P.S.- Tariyani Chapara, District - Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Madhubala Verma, Adv.
For the Respondent/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner in the present case is seeking setting aside of the impugned judgment and order dated 08.10.2021 passed by learned 1st Additional Sessions Judge-cum-Spl. Judge (Children's Court), Sitamarhi in Criminal Appeal No.29/2021 (Juvenile Justice Act) whereby and whereunder the learned Sessions Judge has been pleased to dismiss the appeal filed by the petitioner against the order dated 11.08.2021 passed by the learned Principal Magistrate, Juvenile Justice Board, Sitamarhi in connection with Belsand P.S. Case No.54/2021 registered under Section 392 of the Indian Penal Code corresponding to J.J.B. No.1308/2021 by which the prayer for bail of the petitioner has been rejected.
Patna High Court CR. REV. No.730 of 2021(6) dt.30-06-2022 2/3 Learned counsel for the petitioner submits that as per the prosecution story, the informant alleged that he is posted as R.O. in Fusion Micro Finance Branch, Runnisadipur. On 24.05.2021, he reached village Basaul from his office for collection and had collected Rs.33,480/- from different villages. It is alleged that when he reached near Basaul school on his motorcycle at 2.37 pm, three unknown miscreants came on a motorcycle and they forcibly took away Rs.33,480/- kept in the dickey of his motorcycle and all the three persons fled away towards Basaul Market. Learned counsel for the petitioner submits that this petitioner has been adjudged juvenile aged about 16 years 7 months approximately. The petitioner is in observation home since 23.07.2021 and his father is ready to stand as surety and give an undertaking that if released on bail, the petitioner shall not be allowed to come in contact of any bad element 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.
Having regard to the submission that this petitioner has been adjudged juvenile aged about 16 years 7 months approximately, he is in observation home since 23.07.2021 and his father is ready to stand as surety and give an undertaking that if released on bail, the petitioner shall not be allowed to come in contact of any bad element,
Patna High Court CR. REV. No.730 of 2021(6) dt.30-06-2022 3/3 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 Board, Sitamarhi in connection with Belsand P.S. Case No.54/2021, G.R.No.2261/2021 (J.J.Board No.1308/2021). One of the sureties should be the father of the petitioner and he will also furnish an undertaking that if released on bail, the petitioner shall not be allowed to come in contact of any bad element and in case the petitioner indulges in any unlawful act, he will inform it to the jurisdictional police station.
The Probation Officer shall keep on visiting the place of the petitioner and shall submit periodical report to the Juvenile Justice Board, Sitamarhi as regards the conduct of the petitioner. If anything adverse is found against the petitioner, the same will also be reported to the Board for necessary action.
The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- 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'.