Patna High CourtCR. REV./1269/2019bail granted

Piyush Kumar v. The State Of Bihar

2019-12-13Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1269 of 2019 Arising Out of PS. Case No.-402 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== PIYUSH KUMAR Son of Manjesh Kumar Resident of Village- Naya Tola Milki, P.S.- K. Hat (Maranga), District- Purnea, the father of the petitioner is the natural guardian namely Manjesh Kumar aged about 41 years male Son of Ramdev Jha, resident of Village- Bahadura Ward No. 12, P.S.- Rupauli, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Respondent/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to make correction in paragraph no. 14 in which the custody period of petitioner has been recorded as 29.07.2019 in place of 11.06.2019.

The present revision application has been preferred by the petitioner against the order dated 26.09.2019, passed by learned 1st Additional Sessions Judge-cum-Special Judge, Purnea Cr. Appeal No. 39 of 2019 CIS No. 39 of 2019 by which, the appeal of the petitioner for grant of bail against the order dated 19.08.2019 of Juvenile Justice Board, Purnea in G.R. 1883 of 2019 arising out of K. Hat (Maranga) P.S. Case

Patna High Court CR. REV. No.1269 of 2019(2) dt.13-12-2019 2/3 No. 402 of 2019, has been dismissed.

Allegation against the petitioner is of planning to commit dacoity along with FIR named accused.

Learned counsel for the petitioner submits that petitioner is in custody since 11.06.2019 and 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 26.09.2019, passed by learned 1st Additional Sessions Judge-cum-Special Judge, Purnea Cr. Appeal No. 39 of 2019 CIS No. 39 of 2019, 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, Purnea, in connection with G.R. 1883 of 2019 arising out of K. Hat (Maranga) P.S. Case No. 402 of 2019, subject to the condition that:-

Patna High Court CR. REV. No.1269 of 2019(2) dt.13-12-2019 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