IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.782 of 2011
Ujjawal Kumar @ Ujjawal Uthap @ Uptal, son of Sri Ram
Lalit Prasad Singh, resident of village-Gamharia, P.S.-Majorganj, District-
Sitamarhi, presently residing in Officers' Flat, Police Line, Begusarai, P.S.-
Begusarai Town, District- Begusarai.
Versus
The State Of Bihar .
-----------
3. 25.07.2011 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
06.04.2011 passed by the learned Sessions Judge, Begusarai in
Cr. Appeal No.18/2011 by which the order dated 22.12.2010
passed by the learned Juvenile Justice Board, Begusarai in
Phulwaria P.S. Case No.6/2010 for the offence punishable under
Sections 379/411 of the I.P.C. has been confirmed.
Heard Mr. Akhileshwar Prasad Singh, learned
counsel for the petitioner and Mr. Haque, learned counsel for the
State.
The main contention of the learned counsel for the
petitioner is that the petitioner has been declared juvenile by the
learned Juvenile Justice Board. He has been falsely implicated
in the case one after another due to enmity. He was granted bail
vide order dated 22.07.2010 by this Court in Cr. Revision
No.1060 of 2010 in Phulwaria P.S. Case No.6/10 with condition
that during the pendency of that case, if the petitioner is
2
involved in any other case, the bail bond would be cancelled and
he will be taken into custody. Thereafter, the petitioner has been
implicated in Begusarai Town P.S. Case No.359/10 under
Sections 379/411 of the I.P.C. As such, his bail bond was
cancelled and he was taken into custody by the learned Juvenile
Justice Board. The petitioner has been implicated in Phulwaria
P.S. Case No.6/2010. As such, the petitioner has been in custody
in this case since 7.10.2010. It is further submitted that there is
no material on record to show that the release of the petitioner
will bring him into association with known criminal and expose
him to moral, physical and psychological danger and his release
would defeat the ends of justice. It is further submitted that
parents of the petitioner will take care of the petitioner and they
will produce the petitioner in the court as and when required.
Learned A.P.P. for the State submits that the
petitioner has criminal antecedent and he has violated the
conditions of bail granted by this Court.
After hearing the learned counsel for both the
parties and on perusal of the materials on record, it appears that
the contention of the learned counsel for the petitioner is correct.
There is no material on record to show that the release of the
petitioner will bring him into association with known criminal
and expose him to moral, physical and psychological danger and
3
his release would defeat the ends of justice.
Considering the facts and circumstances stated
above, in my opinion, the impugned order is not fit to be
sustained and the same is set aside. The petitioner above-named
is directed to be released on bail on furnishing bail bond of
Rs.10,000/-with two sureties of the like amount each to the
satisfaction of learned Juvenile Justice Board, Begusarai in
Phulwaria P.S. Case No.6 of 2010 with the following terms and
conditions :
(i) Both the bailors will be the father
and mother of the petitioner.
(ii) Father of the petitioner will furnish
the cash surety of Rs.10,000/-.
(iii) Mother of the petitioner will
produce the petitioner in the court
if and when required.
(iv) The petitioner will not indulge in
similar or in any other offence.
(v) In case of his absence for two
consecutive dates or in case of
violation of the terms of the bail,
his bail bond will be liable to be
cancelled by the learned Juvenile
4
Justice Board, Begusarai and the
cash amount will be forfeited and
he will be taken into custody.
In the result, this application is allowed.
V.K. Pandey ( Amaresh Kumar Lal, J.)