The Patna High Court allowed a criminal revision to set aside lower court orders and granted bail to Satish Kumar, a juvenile/juvenile, subject to conditions including a bond and specific undertakings regarding representation and future cases.
Petitioner released on bond of Rs. 5,000 with two sureties; impugned orders set aside; case diary remitted.
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Patna High Court CR. REV. No.203 of 2016 dt.17-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.203 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD =========================================================== Satish Kumar son of Sunil Singh, Resident of village- Katharua, P.S. Aurangabad (Town), District- Aurangabad under the guardianship of father Sunil Singh S/o Laxmi Singh, resident of vill.- Katharua, P.S.- Aurangabad (Town), Aurangabad .... .... Petitioner/s Versus 1. The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-05-2016
The petitioner seeks revision of the order dated 14.12.2015 passed by the Sessions Judge, 1st cum-Special Judge, Aurangabad in Appeal No. 60 of 2015/08 of 2015 as also the order of the Juvenile Justice Board, Aurangabad in G.R. No. 2016 of 2015 arising out of Mufssil P.S. Case No. 22 of 2013.
Considering the fair antecedents of the petitioner and that his father undertakes his responsibility, let the Petitioner, above named, be released on furnishing bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Aurangabad in connection with Mufssil P.S. Case No. 22 of 2013 subject to the conditions:
Patna High Court CR. REV. No.203 of 2016 dt.17-05-2016
A That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor will be father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner,
B. That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released.
C. That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bond on the ground of misuse,
D. That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bond will be liable to be cancelled for reasons of misuse.
E. That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled.
The revision application stands allowed and the order
Patna High Court CR. REV. No.203 of 2016 dt.17-05-2016
dated 14.12.2015 passed by the Sessions Judge, 1st cum-Special Judge, Aurangabad in Appeal No. 60 of 2015/08 of 2015 as also the order of the Juvenile Justice Board, Aurangabad in G.R. No. 2016 of 2015 arising out of Mufssil P.S. Case No. 22 of 2013, are hereby set aside.
Let the case diary be remitted back to the Court below immediately.
(Anjana Prakash, J)
| Prakash/- | |
|---|---|
| AFR/NAFR |
NAFR |
| CAVDATE |
NA |
| UploadingDate |
25.05.2016 |
| Transmission Date |
25.05.2016 |
1 issue framed by the court
Whether the petitioner is eligible for release on bail by the High Court in a revision under fair antecedents and father's undertaking.
1 provisions across 1 enactments
Satish Kumar
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
