Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1342 of 2018 Arising Out of PS. Case No.-111 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== Pankaj Kumar Son of Rajendra Sav @ Rajendra Sah, Resident of VillagePakthaul, P.S.- Teghra District- Begusarai, Through his mother and Natural guardian Smt. Kranti Devi, Aged about 50 Years, Wife of Rajendra Sav @ Rajendra Sah, Resident of Village- Pakthaul, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Respondent/s :

Mr.Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

The present revision application has been preferred by the petitioner against the order dated 15.09.2018, passed by learned District and Session's Judge, Begusarai in Cr. Appeal No. 83 of 2018, by which, the appeal of the petitioner for grant of bail against the order dated 09.04.2018 of Principal Magistrate, Juvenile Justice Board, Begusarai in J.J. Board Case No.08 of 2018 arising out of Phulwaria P.S. Case No. 111 of 2017 (G.R. No. 3543 of 2017) has been dismissed. Informant has alleged that on 25.09.2017 when he was returning after withdrawing 20,00,000/- from the bank along with staff of the bank, six motorcycle borne miscreants stopped their Scorpio Car and on strength of country made katta looted the said money and thereafter fled away.

Patna High Court CR. REV. No.1342 of 2018(4) dt.14-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in FIR. Nothing has been recovered from the possession of the petitioner. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 08.03.2018 passed in Cr. Misc. No.13666 of 2018, vide order dated 21.08.2018 passed in Cr. Revision No. 900 of 2018 and vide order dated 06.08.2018 paseed in Cr. Revision No. 658 of 2018. He is in custody since 27.09.2017.

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 is likely to bring him into association with any known criminal.

Considering the above, this revision application is allowed. The order dated 15.09.2018, passed by learned District and Session's Judge, Begusarai in Cr. Appeal No. 83 of 2018, is set aside.

The petitioner, named above, is directed to be released

Patna High Court CR. REV. No.1342 of 2018(4) dt.14-02-2019 3/3 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 Juvenile Justice Board, Begusarai, in connection with J.J. Board Case No.08 of 2018 arising out of Phulwaria P.S. Case No. 111 of 2017 (G.R. No. 3543 of 2017) subject to the 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 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/manojU T