Abhishek Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.811 of 2015 Arising Out of PS.Case No. 563 Year- 2013 Thana -null DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Abhishek Kumar @ Vicky Kumar S/o under guardianship of Ajit Kumar Singh @ Ajit Singh, of Vill. - Baltharwa, P.s. - Pipra Kothi, District - East Champaran. ' .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Respondent/s : Mr. Sanjay Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 03-12-2015 Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 2.12.2014 passed by the Sessions Judge, Motihari, East Champaran in Criminal Appeal (Juvenile) No.112 of 2014/ 175 of 2014, by which he has affirmed the order dated 17.11.2014 passed by the Juvenile Justice Board, Motihari in connection with Trial No.726 of 2014 arising out of Motihari Town P.S. case No.563 of 2013/ G.R. case No.5432 of 2013, by which he has refused to release the Petitioner.

Considering that the Petitioner's father undertakes his responsibility, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the

Patna High Court CR. REV. No.811 of 2015 dt.03-12-2015 2/3 like amount each to the satisfaction of learned Juvenile Justice Board, Motihari, East Champaran in connection with Trial No.726 of 2014 arising out of Motihari Town P.S. case No.563 of 2013/ G.R. case No.5432 of 2013, subject to the conditions (i) That one of the bailor shall be the father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) 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 bail on ground of misuse, (iii) 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, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. Accordingly, the revision application is allowed and the judgment and order dated 2.12.

2014 passed by the Sessions Judge, Motihari, East Champaran in Criminal Appeal (Juvenile) No.

Patna High Court CR. REV. No.811 of 2015 dt.03-12-2015 3/3 2014/ 175 of 2014 as also the order dated 17.11.2014 passed by the Juvenile Justice Board, Motihari in connection with Trial No.726 of 2014 arising out of Motihari Town P.S. case No.563 of 2013/ G.R. case No.5432 of 2013 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T