Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4639 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== BHARAT YADAV Son of Uday Yadav Under The guardianship of Uday Yadav (natural guardian as father), S/o- Shiv Nandan Yadav Resident of Village- Kabirpur, P.S.- Sheikhopur Sarai, Distt- Sheikhpura. ... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ganesh Prasad Singh For the Respondent/s :

Mr.Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 Heard the parties.

This appeal is against order dated 30.8.2019 passed in Child Cae No.1 of 2019 arising out of Sheikhopur Sarai P.S.Case No.60 of 2018.

As per FIR there is allegation against the appellant and three other accused persons that they came on the motorcycle , indiscriminately fired on the son of the informant causing his death. It further appears that later on this appellant has been declared juvenile by the court and as such his case has been separated and sent to the child court.

Submission of the learned counsel for the appellant is that there is general and omnibus allegation against this appellant whereas on the same allegation other co-accused has been granted privilege of bail by the Sessions Judge,Sheikhpura vide order dated 9.5.2019 passed in B.P.no.274 of 2019, petitioner though being juvenile in conflict with law

Patna High Court CR. APP (SJ) No.4639 of 2019(4) dt.17-12-2019 2/2 languishing in remand home since he was in custody since 5.7.2018 and later on he was sent to the remand home and he is still there and ready to abide by any condition imposed upon him.

Heard learned Special P.P. and the learned counsel for the informant.

Having heard both sides and in view of the facts and circumstances as staged above, this appeal is allowed and the impugned order is set aside.

Let this petitioner be released from the remand home on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. & Session Judge, Sheikhpura in connection with Child Case No.1 of 2019 arising out of Sheikhopur Sarai P.S.Case No.60 of 2018 , Gr. No.1068 of 2018 with condition that he has to cooperate in disposal of the trial pending before the children court, Sheikhpura.

With the above direction, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- U