High Court Patna High Court - Orders

Dhiraj Kumar vs The State Of Bihar on 25 March, 2011

Patna High Court – Orders
Dhiraj Kumar vs The State Of Bihar on 25 March, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CR. REV. No.74 of 2011
                   DHIRAJ KUMAR
                            Versus
                   THE STATE OF BIHAR

                      For the petitioner :Mr. Vikramdeo Singh
                      For the State      :Mr. Sanjay Kumar Sharma
                                      -----------

05. 25.03.2011 Heard both sides.

Petitioner who is declared juvenile in conflict with

law, prays for grant of bail. He is accused in a case under

section 414/34 IPC. The informant was looted of his motor cycle

and other belongings on gun-point. The accuseds were nabbed

immediately thereafter. Two persons are said to have been

arrested including the petitioner. It appears that both of them

were juvenile and have been declared as such.

Learned counsel for the petitioner submits that

father of the petitioner is prepared to give undertaking in respect

of his son (petitioner) for his conduct and behaviour in case he is

released on bail. It is submitted that he is in custody since

01.05.2010.

Learned appellate court in paragraph 5 has recounted

the criminal background of the petitioner. It appears that he is

required in two other criminal cases, apart from the present one.

Based on materials on record, it has been observed that there is

every chance of the petitioner falling in the company of

criminals/antisocial elements, if released on bail at this stage.

Having regard to the said submission and materials on record,
2

learned appellate court has refused bail to the petitioner.

Having heard the parties, this Court, for the present,

is not inclined to release the petitioner on bail in view of the

observations made in the impugned order and allegations

levelled against him. Accordingly prayer for bail is rejected.

Considering the fact that petitioner is in

custody/remand home since 01.05.2010 and submission that

father of the petitioner would take upon himself all responsibility

respecting the petitioner, this Court observes that the petitioner

shall have liberty to renew prayer for bail before this Court after

five months.

( Kishore K. Mandal )
hr