IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1128 of 2010
PRADEEP KUMAR, S/O- ANIL PRASAD, R/O- VILLAGE GANPAT BIGHA,
P.S.- HILSA, DISTRICT- NALANDA UNDER THE GUARDIANSHIP OF FATHER
ANIL PRASAD.
Versus
THE STATE OF BIHAR
For the petitioner : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Ansarul Haque, APP.
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3 20.04.2011 Heard learned counsel for the petitioner and the
State.
Petitioner is juvenile in conflict with law and facing
charge/accusation punishable under diverse sections of Indian
Penal Code including Sections 302 and 201 IPC. An F.I.R. was
lodged against unknown. In course of investigation, certain
incriminating materials were collected against the petitioner
leading to filing of charge-sheet.
It is contended that the petitioner is in Remand
Home since 18.2.2010. The father of the petitioner has affirmed
the present affidavit filed along with the application and has
taken upon himself responsibility to ensure that the petitioner, if
released on bail, will be taken full care of by him.
A report from the concerned District Probation
Officer was called for which is placed at Flag-A. The Probation
Officer having made detail verifications about the petitioner and
his family did not find any criminal history or activities against
the petitioner. It is seen therefrom that the father of the
petitioner is earning his livelihood by private tuition and is
ready and wiling to ensure that the petitioner does not fall in the
2
company of bad elements.
Having considered the submissions advanced on
behalf of the parties and after considering the materials on
record including the impugned order and the report at Flag-A,
this Court is persuaded to direct release of the petitioner on bail
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, Biharsharif at Nalanda in
connection with Juvenile Justice Board Case No. 34 of 2010
subject to the following conditions:
(i) One of the bailors shall be father of the
petitioner.
(ii) It shall be the duty of the father to monitor
conduct of his son and to produce him before the
Court as and when directed therefor. In case of
default in such production, the Trial Court shall be
at liberty to cancel the bail bonds of the petitioner.
(iii) 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.
( Kishore K. Mandal, J)
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