Shiv Singh Alias Piyush Singh vs The State Of Jharkhand on 27 January, 2015

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Jharkhand High Court

Shiv Singh Alias Piyush Singh vs The State Of Jharkhand on 27 January, 2015

Bench: Amitav K. Gupta

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr. Revision No. 1153 of 2014
           Shiv Singh @ Piyush Singh @ Shiv Singh @ Piyush Singh, S/o
           Ram Peyaare Singh, r/o village Naya Tola, Purani Sahibganj,P.O.
           P.S. Sahibganj Town, District- Sajobganj..       .... Petitioner.
                                   Versus
            State of Jharkhand                            ....      Opp.Party.
                                    ---
     CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
                                    ----
     For the Petitioner       : Mr.S.N.P.Rai, Advocate.
     For the State            : APP.
                                         ----
02/27.01.2015

This revision is directed against the order dated 01.09.2014 passed by Principal Sessions Judge, Sahibganj in Cr.Appeal no.60/2014 whereby prayer for bail of the petitioner was rejected.

Learned counsel for the petitioner has submitted that this is a case under Section 461/379 IPC for alleged theft of 6 CPUs, 6 monitors, browsers and 6 key-boards from the institute of the informant. That the petitioner has been falsely implicated. That the court below failed to appreciate the provision of Section 12 of the Juvenile Justice(Care and Protection of Children)Act, 2000 which mandates the release of a juvenile on bail and the bail can be denied if there appears reasonable ground for believing that the release is likely to bring him into the association with any known criminals or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. It has been submitted that the petitioner does not have any criminal antecedent and in the social investigation report it is stated that the petitioner is interested in studies but due to circumstances in the family there has been a break in his studies. It is further submitted that the petitioner has remained in custody for eight months.

Learned counsel for the State has opposed the prayer and submitted that in the social investigation report some adverse remark regarding the companionship of the petitioner with some antisocial elements has been recorded.

Considering that the petitioner does not have any criminal antecedent he 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 Principal Magistrate, Juvenile Justice Board, Sahibganj in Borio(J) P.S.Case No.352/2013(G.R.NO.774/2013) subject to the conditonsthat (I) (i) one of the bailors shall be father of the petitioner who shall give an undertaking that he shall ensure proper supervision and good behaviour of the petitioner; (ii) he shall produce the petitioner before the Juvenile Justice Board as and when directed by the Board till the conclusion of the enquiry and shall produce the petitioner before the Probation Officer who shall submit a report to the Board regarding the conduct of the petitioner.

(Amitav K. Gupta, J.) Biswas.

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