High Court Patna High Court - Orders

Vikram Kumar vs State Of Bihar on 28 March, 2011

Patna High Court – Orders
Vikram Kumar vs State Of Bihar on 28 March, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CR. REV. No.1585 of 2010
                         VIKRAM KUMAR .
                               Versus
                         STATE OF BIHAR.
                              -----------

05 28.03.2011 Heard both sides.

Petitioner is declared juvenile in conflict with law. He

is facing charge punishable under Section 302/34 of the Penal

Code.

Admittedly he is not named in the F.I.R. It is alleged

that several weeks after the occurrence and retrieval of the dead

body he was arrested on suspicion whereafter he said to have made

a confessional statement.

Learned counsel for the petitioner submits that

petitioner is in custody since 03.11.2009. It is further submitted

that father of the petitioner is ready and willing to take

responsibilities respecting the petitioner in case he is released on

bail.

A report from the concerned Probation Officer was

called for which is available on record at Flag-P. Perused the

report. Probation officer has recommended his release based on

facts collected by him but subject to his supervision.

Having regard to the period of incarceration and the

report, this Court while setting aside the appellate order passed by

the Court below directs for his release. Let petitioner, named

above, be released on bail on furnishing bail bond of Rs. 10,000/-

(Ten thousand) with two sureties of the like amount each to the
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satisfaction of the Juvenile Justice Board, Munger in connection

with G.R. No. 1689 of 2009, arising out of Kharagpur P.S. case no.

180 of 2009, subject to the following conditions:-

(1) One of the bailors shall be the

father of the petitioner.

(2) It shall be the duty of the father to

produce the petitioner before the

Court as and when personal

attendance is required. The father

shall also produce the petitioner

before the concerned Probation

Officer at least once in a month for

a period of 06 months from the

date of his release providing an

opportunity to the Probation

Officer to gauge his conduct and

behaviour. In case of default in

such appearance, the Probation

Officer shall immediately

communicate the same to the Court

in seisin of the matter whereafter

his bail bond shall be cancelled.

(3) During subsistency of the present

privilege, if it is found that

petitioner has involved himself in
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any criminal case, the same shall

be treated as a breach of the

condition of bail entailing

cancellation.

Sym         (Kishore K.Mandal, J.)