Ratnesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.812 of 2023 Arising Out of PS. Case No.-32 Year-2018 Thana- GOPALPUR District- Gopalganj ====================================================== Ratnesh Kumar Yadav Son Of Ashok Yadav @ Hans Kumar Chaudhari Resident Of Village - Bishunpura, P.S. - Gopalpur, District - Gopalganj. Under The Guardianship Of His Mother Namely Kamalavati Devi ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate Mr. Ajay Kumar Tiwary, Advocate For the Respondent/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 05-03-2024
1. The son of the de facto complainant was murdered by strangulation and throttling by some unknown miscreants. The father of the deceased made a statement to this effect on 9th of March, 2018, resulting in registration of Gopalpur P. S. Case No. 32 of 2018 under Section 302/34 of the Indian Penal Code.
2. The accused was arrested in connection with the aforesaid case.
3. It is submitted by the learned Advocate for the petitioner that at least two co-accused persons, one of whom is juvenile, was released on bail by a Co-ordinate Bench of this Court.
4. I have perused from the record that on 24th of September, 2018, one of the juveniles was granted bail in Cr. Revision No. 907 of 2018.
Patna High Court CR. REV. No.812 of 2023(2) dt.05-03-2024 2/2
5. The petitioner stands on the same footing.
6. Therefore, having heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor Incharge as well as considering the fact that the petitioner is not named in the F.I.R., his name appeared on the confessional statement of a co-accused, which is not permissible in evidence, the petitioner is juvenile, but his prayer for bail was rejected by both the Juvenile Justice Board as well as the Court of Appeal, the instant revision is allowed.
7. The petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Gopalganj in connection with Gopalpur P. S. Case No. 32 of 2018 with condition that one of the sureties shall be his parent, who will undertake that, in future, he will not allow the CICL to be exposed to social, moral and psychological danger and restrict him from being associated with the criminals.
8. The revisional application is thus allowed. (Bibek Chaudhuri, J) skm/- U