Sanjit Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.13 of 2015 Arising Out of PS.Case No. -173 Year- 2013 Thana -Muffasil District- AURANGABAD ===========================================================

1. Sanjit Kumar @ Lalu Son of Kapil Muni Prasad, under natural guardianship of father namely Kapil Muni Prasad, Resident of Village-Khadiha P.S-Muffasil District-Auragabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Respondent/s : Mr. Nagendra Prasad, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 19-03-2015 Supplementary affidavit filed today on behalf of the Petitioner be kept on the record.

Heard learned Counsel for the petitioner and the State. This revision application has been filed for setting aside the judgment and order dated 15.10.2014 passed by the 1st Additional Sessions Judge, Aurangabad in Criminal Appeal No.69 of 2014/ 7 of 2014, by which he has affirmed the order dated 23.8.2014 passed by the Juvenile Justice Board, Aurangabad in G.R. No.2374 of 2013 (Trial No.702 of 2014) arising out of Madanpur P.S. case No.173 of 2013, by which he has refused to release the Petitioner. The petitioner seeks release in G.R. No.2374 of 2013 (Trial No.702 of 2014) arising out of Madanpur P.S. case No.173 of 2013 on

Patna High Court CR. REV. No.13 of 2015 dt.19-03-2015 2/3 the ground that the Petitioner has been implicated in many cases only on the basis of the same confessional statement. The further submission is that the only material against the Petitioner is the aforesaid confessional statement. Also the Petitioner's father undertakes his responsibility and there is no danger of being mingling with anti social elements.

Considering the aforesaid facts, let the petitioner above named, be released on furnishing bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Aurangabad in connection with G.R. No.2374 of 2013 (Trial No.702 of 2014) arising out of Madanpur P.S. case No.173 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.

Patna High Court CR. REV. No.13 of 2015 dt.19-03-2015 3/3 cancellation of bail on ground of misuse, (iv) 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, (v) 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 15.10.2014 passed by the 1st Additional Sessions Judge, Aurangabad in Criminal Appeal No.69 of 2014/ 7 of 2014 as also the order dated 23.8.2014 passed by the Juvenile Justice Board, Aurangabad in G.R. No.2374 of 2013 (Trial No.702 of 2014) arising out of Madanpur P.S. case No.173 of 2013 is, hereby, set aside.

(Anjana Prakash, J) Narendra/- U T