Saurabh Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1288 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SAURABH OJHA Son of Dhirendra Nath Ojha @ Dhirendra Ojha Resident of P.C. College Gate, Gajadhar Ganj, Chini Mill, Police Station-Buxar (M), District-Buxar under guardianship of his mother namely Manisha Devi, aged about 36 years,Wife of Dhirendra Nath Ojha @ Dhirendra Ojha, Resident of P.C. College Gate, Gajadhar Ganj, Chini Mill, Police Station-Buxar (M), District-Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Respondent/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2020 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 13.09.2019 passed by learned Additional District and Sessions Judge-I cum Special Judge, Buxar, by which the appeal of the petitioner for grant of bail against order dated 09.08.2019 passed by learned Juvenile Justice Board, Buxar in Buxar (Mufassil) P.S. Case No. 151 of 2019 corresponding to J.J.B. Enquiry No. 583 of 2019 has been dismissed.

Informant has alleged in his written complaint that he runs the "Grahak Seva Kendra" of the bank of Baroda in the name of his wife Renu Kumari. On 07.06.2019 at about 01.15

Patna High Court CR. REV. No.1288 of 2019(3) dt.09-01-2020 2/3 PM three persons entered into his centre and on strength of Arms took away Rs. 43,600/- from his cash counter and fled away brandishing pistol in the air.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Dil Jale Thakur. Nothing has been recovered from his possession. No TIP was conducted against him. Petitioner has no criminal antecedent and is in custody since 08.07.2019. 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 been further submitted on behalf of the 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 is likely to bring him into association with any known criminal.

Considering the above, this revision application is allowed. The order dated 13.09.2019 passed by learned Additional District and Sessions Judge-I cum Special Judge, Buxar, as well as order dated 09.08.2019 passed by learned Juvenile Justice Board, Buxar in Buxar (Mufassil) P.S. Case No. 151 of 2019 corresponding to J.J.B. Enquiry No. 583 of 2019

Patna High Court CR. REV. No.1288 of 2019(3) dt.09-01-2020 3/3 are set aside.

The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs. 20,000/- (Rupees twenty Thousand) with two sureties of like amount each to the satisfaction of Juvenile Justice Board, Buxar, in connection with J.J.B. Enquiry No. 583 of 2019, subject to condition that:- 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 Officer-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) veena/- U T