IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1193 of 2010
NAVALESH YADAV @ NOZAL KUMAR S/O KARMAN YADAV
Versus
THE STATE OF BIHAR
For the Petitioner : Mr. Krishna Mohan, Advocate.
For the State : Mr. Jharkhandi Upadhyay, APP
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04 02.11.2010 A supplementary affidavit has been filed on behalf
of the petitioner which is taken on record. The affidavit has been
sworn by the father of the petitioner. This is what has been stated
in paragraph no.4:-
“4. That, I further undertake
that I will not allow the petitioner to come
in association with any of the co-accused
persons in the present case at any point of
time or to any person having questionable
character.”
It is contended that going by the contents of the
F.I.R. participation by the petitioner in the alleged crime is not
possible as he was assessed close to 10 years of age on the
alleged date of occurrence. A report from the concerned
Probation Officer was called for which has been forwarded to
this Court and is placed at Flag-A. Perused the report. It appears
that petitioner has been found to be a regular student of Class-
VI.
Considering all these aspects of the matter,
Petitioner, named above, is directed to be released on bail on
furnishing bail bond(s) of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the
Juvenile Justice Board, Banka in connection with Belhar P.S.
2
Case no. 133 of 2008 subject to following conditions:-
(i) One of the bailors shall be his father. It shall
be the duty of the father to keep vigil on the
petitioner and produce him before the Court
as and when required. In case of default in
such appearance before the Court on any date
without any compelling satisfactory reasons,
the trial Court shall have liberty to cancel the
bail bond(s) of the petitioner.
(ii) During the subsistency of the bail, if the
petitioner is found indulged in any other
criminal case, the same shall be treated as a
breach of the condition entailing cancellation
of bail.
Sym ( Kishore K. Mandal, J.)