IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.919 of 2011
Prashant Kumar @ Bholu @ Bhola s/o
Shatrudhan Singh, resident of village-
Sarsar, P.S. Siwan (Mufassil),District-
Siwan, through his father ad litem.
... Petitioner.
Versus
The State Of Bihar ... Opp. Party.
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2. 01.08.2011 The accused-petitioner has preferred
this revision application under Section 53 of
the Juvenile Justice (Care and Protection of
Children) Act, 2000 against the order dated
14.7.2011 passed by learned 3 rd Additional
Sessions Judge, Gopalganj in Cr. Appeal No. 26
of 2011 by which the order dated 6.6.2011
passed by learned Juvenile Justice Board,
Gopalganj in J. J. Case No. 181 of 2010 has
been confirmed and the prayer for bail of the
petitioner has been rejected on the ground that
if the petitioner is released, he would come
into association of criminal who has not been
arrested and the release of the petitioner
would be neither in the interest of the
petitioner nor in the interest of justice.
Heard Mr. Abhimanyu Sharma, learned
counsel for the petitioner and Mrs. Indu Bala
Pandey, learned A.P.P. for the State.
It is submitted that Mirganj P. S.
Case No. 211 of 2010 was instituted by Sangeeta
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Devi, the wife of the deceased, under Section
302 I.P.C and 27 of the Arms Act against
unknown. Later on, during investigation the
name of the petitioner has appeared in his
confessional statement. It is also submitted
that the petitioner has been declared juvenile
by the Juvenile Justice Board vide its order
dated 28.1.2011. The prayer for bail was made
which has been rejected by the learned Juvenile
Justice Board vide order dated 6.6.2011,
against which order the petitioner preferred
criminal appeal which was dismissed by the 3rd
Additional Sessions Judge, Gopalganj vide
impugned order on the ground that one of the
accused is still away and if the petitioner is
released, he will meet with that accused and
other miscreants. The release of the petitioner
will be neither in the interest of the
petitioner nor in the interest of justice.
Learned counsel for the petitioner
further submits that there is no material on
record to show that there is reasonable ground
for presuming that the release of the
petitioner is likely to bring him into
association with any known criminal or expose
him to moral, physical, psychological danger or
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that his release would defeat the ends of
justice.
Learned A.P.P. for the State could
not controvert the contention of learned
counsel for the petitioner while opposing the
prayer for bail of the petitioner.
After hearing learned counsel for the
parties and on perusal of the material on
record, it appears that the contention of
learned counsel for the petitioner is correct.
There is no reasonable ground for believing
that the release of the petitioner is likely to
bring him into association with any known
criminal or expose him to moral, physical,
psychological danger or that his release would
defeat the ends of justice.
Considering the facts and
circumstances as stated above, in my opinion,
the impugned order is not fit to be sustained.
It is set aside. The above named petitioner is
directed to be released on bail on furnishing
bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to
the satisfaction of learned Juvenile Justice
Board, Gopalganj in connection with J. J.
Case No. 181 of 2010, G. R. No. 2814 of 2010
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arising out of Mirganj P. S. Case No. 211 of
2010 with following conditions;-
(i) One of the bailors must
be the father of the
petitioner.
(ii) The father of the
petitioner will take
care of the petitioner
and he will produce the
petitioner in the Court
if and when required. In
case of absence on two
consecutive dates, his
bail bonds would be
liable to be cancelled.
(iii) The petitioner will not
indulge himself in
similar or in any other
offence.
(iv) In case of violation of
the terms and conditions
of bail, the bail bond
of the petitioner will
be liable to be
cancelled by the learned
Juvenile Justice Board
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and he will be liable to
be taken into custody.
In the result, this revision
application is allowed.
Kanchan (Amaresh Kumar Lal, J.)