IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1201 of 2011
Ujjwal Kumar Minor Son Of Sri Ram Lalit Prasad Singh
Resident of Village- Gamharia, Police Station- Majorganj in the
District Of Sitamarhi, presently residing in the Officers Flat,
Begusarai Police Line, Police Station- Begusarai Town in the
District Of Begusarai ,through his natural guardian and mother
Punam Singh, wife of Sri Ram Lalit Prasad Singh, Resident of
Village - Gamharia, Police Station - Majorganj in the District of
Sitamarhi.
..............Petitioner
Versus
The State Of Bihar
.........Opposite Party
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3. 9.11.2011 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 25.08.2011 passed by the learned
Sessions Judge, Begusarai in Cr. Appeal No.80/2011 by
which the order dated 19.07.2011 passed by the learned
Juvenile Justice Board, Begusarai in Begusarai Town P.S.
Case No.355 of 2010 under Section 379 of the I.P.C. has
been confirmed and the prayer of the petitioner for grant of
bail has been rejected.
Heard Mr. Akhileshwar Prasad Singh, the
learned senior counsel for the petitioner and Mrs.
I.B.Pandey, learned counsel for the State.
The main contention of the learned counsel for
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the petitioner is that the petitioner has been declared a
juvenile by the learned Juvenile Justice Board vide order
dated 13.07.2011. His prayer for bail was rejected by the
Juvenile Justice Board vide order dated 19.07.2011.
Against the said order, the petitioner preferred Cr. Appeal
No.80/11, which has been dismissed by the impugned
order. It is submitted that the petitioner has been remanded
in this case on 13.07.2011. He has further submitted that a
report has been called for from the Probation Officer,
Begusarai through the Juvenile Justice Board, Begusarai,
which has been received vide letter no.89 dated
28.09.2011. It shows that the petitioner has become addict
of intoxication and his father will get him treated so that
the petitioner could get relief from intoxication. He has
further submitted that the family of the petitioner has no
criminal antecedent. In the report, it has also been
recommended that an opportunity should be given to the
petitioner for his treatment.
Learned counsel for the State could not
controvert the contention of the petitioner while opposing
the prayer of the petitioner.
After hearing the learned counsel for both the
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parties and on perusal of the materials on record as well as
report, it appears that the contention of the learned counsel
for the petitioner is correct. The petitioner has been in
custody since 28.09.2010 and has been remanded in this
case on 13.07.2011.
Considering the facts and circumstances stated
above, in my opinion, the impugned order is not fit to be
sustained. The impugned order 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 Begusarai Town P.S. Case
No.355 of 2010 on the following terms and conditions :
(i) Father and Mother of the
petitioner will be the bailors.
(ii) They will produce the petitioner
in the court if and when
required.
(iii) The petitioner will not indulge
in similar or in any other
offence.
(iv) In case of his absence for two
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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 Justice Board and he
will be taken into custody.
In the result, this application is allowed.
Let this order be communicated to the court below
through fax at the cost of the petitioner.
V.K. Pandey ( Amaresh Kumar Lal, J.)