Rajbir Singh @ Ramesh Singh @ Ramesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1458 of 2018 Arising Out of PS. Case No.-285 Year-2017 Thana- MANJHI District- Saran ====================================================== Rajbir Singh @ Ramesh Singh @ Ramesh Kumar Singh Son of Chhathi Lal Singh Resident of Village- Nayka Barka Baiju Tola, P.S. Revilganj, DistrictSaran at Chapra Bihar, Under Guardianship of his mother and natural Guardian Smt. Manju Devi, Wife of Chhathi Lal Singh. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Respondent/s :
Mr.Apurva Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.
The present revision application has been preferred by the petitioner against the order dated 29.09.2018 passed by learned 1st Additional Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 64 of 2018 by which appeal of the petitioner for grant of bail against the order dated 05.09.2018 passed by Principal Magistrate, Juvenile Justice Board, Saran at Chapra in connection with J.J.B. Case No. 1555 of 2018 arising out of Manjhi P.S. Case No. 285 of 2017 has been dismissed. Informant who is the Police Officer has alleged that while he was checking the vehicles alongwith other police personnel, he received information that one Ramesh Singh (petitioner) is moving on a stolen motorcycle and as such the
Patna High Court CR. REV. No.1458 of 2018(2) dt.21-01-2019 2/3 motorcycle was stopped, however he managed to escape and motorcycle seized which was found to be stolen. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case at the instance of his enemies and village rivalry. Petitioner is in custody since 17.07.2018.
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.
Considering the above, this revision application is allowed. The order dated 29.09.2018 passed by learned 1st Additional Sessions Judge, Saran at Chapra is set aside. The petitioner, above named, is directed to be released from the Remand Home on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned )Principal Magistrate, Juvenile Justice Board, Saran at Chapra, in connection with J.J.B. Case No. 1555 of 2018 arising out of Manjhi P.S. Case No. 285 of 2017, subject to condition that:-
Patna High Court CR. REV. No.1458 of 2018(2) dt.21-01-2019 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 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