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Patna High CourtCR. REV./1420/2018bail granted

Priyanshu Kumar @ Priyanshu Singh @ Priyanshu v. The State Of Bihar

2019-03-26Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1420 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Priyanshu Kumar @ Priyanshu Singh @ Priyanshu Son of Rajendra Singh Resident of Mohalla-Shiv Bazar, Near Ram Janaki Mandir,P.S.Bhagwan Bazar,Distt.-Saran at Chapra ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Respondent/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 31.10.2018, passed by learned 1st Additional Session Judge, Saran at Chapra in Criminal (Juvenile) Appeal No. 70 of 2018, by which, the appeal of the petitioner for grant of bail against the order dated 24.09.2018 of Juvenile Justice Board, Saran at Chapra in J.J. Board Case No. 1582 of 2018 arising out of Bhagwan Bazar P.S. Case No. 61 of 2018, has been dismissed. Informant in his written complaint has alleged that when he was standing at Rameshwar Marriage Hall at Gudari Bazar then petitioner came there and started abusing and when Informant protested he inflicted knife blow in his Stomach.

Patna High Court CR. REV. No.1420 of 2018(2) dt.26-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. From perusal of the injury report which has been annexed as Annexure-2 and 3, the injuries are found to be simple in nature. According to the learned counsel for the petitioner, no fruitful purpose will be served if the petitioner is allowed to remain in the Remand Home. It has further been submitted on behalf of petitioner that from the record it does not appear that if the petitioner is released, he will be exposed to mental, physical and psychological danger or likely to bring him into association with any known criminal.

Considering the above, this revision application is allowed. The order dated 31.10.2018, passed by learned 1st Additional Session Judge, Saran at Chapra in Criminal (Juvenile) Appeal No. 70 of 2018, is set aside. The petitioner, named above, is directed to be released from the Remand Home on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Principal Member, Juvenile Justice Board, Saran at Chapra, in connection with J.J. Board Case No. 1582 of 2018 arising out of Bhagwan Bazar P.S. Case No. 61 of 2018 subject to the condition that:-

Patna High Court CR. REV. No.1420 of 2018(2) dt.26-03-2019 3/3 One of the bailors of the petitioner shall be his father/mother who at the time of filing of the bonds, shall also give an undertaking that he/she will take good care of the petitioner and in case petitioner does not act as per his/her advice, he/she shall report the matter to the office-in-charge of the concerned police station and further during period of bail, the petitioner will be under the supervision of concerned Probation Officer.

This revision application stands allowed.

(S. Kumar, J) ranjan/- U