IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.838 of 2011
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Ragho Singh, s/o- Satyendra Singh, r/o- Bhabua Ward No. 20, P.S.-
Bhabua, District- Kaimur (Bhabua).
…. …. Petitioner/s
Versus
The State Of Bihar
…. …. Respondent/s
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Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
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4 21-09-2011 Although the matter has been listed under the heading
“To Be Mentioned”, this Court permitted the parties to make
submissions on merit.
Heard learned counsel for the petitioner and learned APP
for the State.
This is repeat application filed on behalf of the petitioner
who has been declared juvenile in conflict with law seeking bail in
a case instituted under Sections 364 and 120B of Indian Penal
Code. His earlier application seeking bail was rejected by this
Court vide order dated 3.11.2010 (Annexure-1) with the following
observation:
“This Court, however, grants liberty to the
petitioner to renew prayer for bail in the Court
below itself if all the prosecution witnesses are not
examined within 07 months from the date of
receipt/production of a copy of this order in the
Court below.”
Status report was called for in this case. The report is at
Flag-A. It appears therefrom that till today, no witness on behalf of
the prosecution has been examined. Learned counsel submits that
another co-accused (a juvenile), who is similarly placed, during
the pendency of this application, has been released by this Court
by order dated 16.3.2011 (Annexure-3).
Considering the facts and circumstances of the case as
also the liberty granted under order dated 3.11.2010 and in the
light of status report, I am persuaded to direct release of the
petitioner on bail.
Let the petitioner above named be released 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, Kaimur (Bhabua) in connection with
Juvenile Trial No. 226/202 of 2010/2011 (arising out of Bhabua
P.S. Case No. 540 of 2009 (G.R.No. 1957 of 2009) subject to the
following conditions:
(i) One of the bailors shall be father/mother of
the petitioner.
(ii) It shall be the duty of the father/mother of
the petitioner to keep guard on him and to
ensure that petitioner does not fall in the
company of criminal. The bailor shall also
ensure his personal appearance at the trialwhen directed therefor. In case of default
in such appearance, the Trial Court shall
have liberty to cancel the bail bonds of the
petitioner.
(iii) During the subsistency of the application,
if the petitioner found involved in any
other criminal case, the same shall be a
breach of the condition of bail entailing
cancellation.
(Kishore K. Mandal, J)
PANKAJ KUMAR/-