IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.493 of 2011
ANAND PRAKASH @ PRINCE S/O- ARBIND KUMAR SINGH
Versus
THE STATE OF BIHAR
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3 01.07.2011 Heard both sides.
Petitioner, who has been declared juvenile in
conflict with law, has been charged for the offence
punishable under Section 395 of the Indian Penal Code and
is lodged in the Remand Home since 22.7.2010. His prayer
for release from Remand Home was considered and
rejected by the two Courts below.
It appears from the materials on record including
the appellate order that the name of the petitioner transpired
through the confessional statement of some of the co-
accused and accordingly he was put on T.I.P. and identified
by 01 witness.
Learned counsel for the petitioner submits that
the petitioner does not carry any criminal antecedent and
belongs to a well neat family. The father of the petitioner is
ready and willing to monitor his conduct and to safeguard
against the petitioner mingling with anti-social elements, if
released on bail.
A report from the concerned Probation Officer
was called for which is at Flag-A. Perused the records. It
appears therefrom that the petitioner is tethered to the family
and the father is willing to take control of the petitioner.
2
In the facts and circumstances, while setting
aside the impugned order, this Court directs release of the
petitioner from the Remand Home on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Juvenile Justice
Board, Gaya in connection M.U. P.S. Case No. 56 of 2010
subject to the following conditions:
(i) One of the bailors shall be father of the
petitioner. It shall be the duly of the father to produce
the petitioner before the concerned Probation Officer
once in a fortnight for a period of five months from the
date of release affording an opportunity to the
Probation Officer to appraise his conduct. It shall also
be the duty of the father to produce him in the
criminal proceeding as and when his personal
appearance is required. In default of any of the
aforesaid condition, the Trial Court shall have liberty
to cancel bail bonds of the petitioner.
(ii) During the subsistency of the present
privilege of bail, if it is found that the petitioner is
found involved in any other criminal case, the same
shall be treated as a breach of condition of bail
entailing cancellation.
pkj ( Kishore K. Mandal, J)