Patna High Court - Orders
Gurudeo Mandal vs The State Of Bihar on 2 February, 2023
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.652 of 2022
Arising Out of PS. Case No.-54 Year-2021 Thana- ISMAILPUR District- Bhagalpur
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X4
... ... Petitioner/s
Versus
The State of Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Respondent/s : Mr.Anuj Kumar Shrivastava, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 02-02-2023Heard learned counsel appearing on behalf of the pe- titioner/revisionist and learned APP appearing on behalf of the State.
Though the petitioner has given full description in the application, it would be inappropriate to disclose his identity in view of the statutory provisions prescribed under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015'). He is being referred to in the cause title as X4.
Registry while uploading the order on the website shall also ensure that the cause title is reflected in similar man- ner.
The present revision application is being preferred against order dated 22.08.2022 passed by learned Addl. Ses- Patna High Court CR. REV. No.652 of 2022(4) dt.02-02-2023 2/5 sions Judge-I-Cum-Special Judge (Children Court), Bhagalpur, in Special Case (Children) No. 15/2022, arising out of Ismailpur P.S. Case No. 54 of 2021, passed by learned Addl. Sessions Judge-I-Cum-Special Judge (Children), Bhagalpur, whereby and whereunder the learned Court has rejected the prayer for bail of the petitioner/revisionist.
The petitioner/revisionist, aged about 16 years 07 months 20 days on the alleged date of occurrence, is named in F.I.R., and is in custody/observation home since 08.07.2021.
The allegation against revisionist/petitioner is to com- mit murder of son of the informant alongwith other co-accused persons by causing firearm injury.
Learned counsel appearing on behalf of the petitioner/revisionist submitted that the entire implications is based upon the hearsay input received from undisclosed per- sons, as it is apparent from the face of the FIR. It is further sub- mitted that death was caused after 25 days of occurrence but no statement of the injured/deceased was recorded. It is also sub- mitted that petitioner involved in one more case, where he is on bail.
Learned counsel appearing on behalf of the petitioner/revisionist submitted that mother of the juvenile peti- Patna High Court CR. REV. No.652 of 2022(4) dt.02-02-2023 3/5 tioner, is ready to stand as a surety and furnish an undertaking that she will take proper care of the petitioner/revisionist and shall ensure his studies as well as that he would not fall in bad company and would take all possible care to connect him with the mainstream of the society and groom him as a good and law abiding citizen.
Learned APP, while opposing the prayer of bail fairly conceded that implication of this revisionist/petitioner is based upon the hearsay input, as per FIR.
Having regard to the submissions advanced as above, and materials showing that the petitioner has been adjudged ju- venile aged about 16 years 07 months 20 days approximately on the alleged date of occurrence, the social investigation report of the petitioner is not showing any adverse material against him so as to dissuade this court for granting release of the petitioner on bail, as also that petitioner has remained in the Observation Home for about two years and his mother is ready to stand as a surety and furnish an undertaking that if released on bail she will take care of the study of the petitioner and shall ensure that he does not fall in bad company and, in case, the petitioner in- dulges in any unlawful act, she will inform it to the jurisdic- tional police station as also following the spirit of section 12 of Patna High Court CR. REV. No.652 of 2022(4) dt.02-02-2023 4/5 the Juvenile Justice (Care and Protection of Children) Act, 2015 and in view of the exceptions carved out by the Hon'ble Divi- sion Bench of this Court in the case of Lalu Kumar and Ors. Vs. The State of Bihar reported in 2019 (4) PLJR 833 that classification of the offences under the bailable and non-bailable sections would not be relevant for the purpose of grant of bail to a juvenile and the prayer for bail of a juvenile may be rejected only under one of the three conditions as under:-
"(i) The release is likely to bring that person into asso- ciation with any known criminal;
(ii) The release is likely to expose the said person to moral or psychological danger; and
(iii) The release would defeat the ends of justice."
Accordingly, the impugned order dated 22.08.2022 passed by learned Addl. Sessions Judge-I-Cum-Special Judge (Children Court), Bhagalpur, in Special Case (Children) No. 15/2022, arising out of Ismailpur P.S. Case No. 54 of 2021, passed by learned Addl. Sessions Judge-I-Cum-Special Judge (Children), Bhagalpur is set aside.
The petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thou- sand only) with two sureties of the like amount each to the satis- faction of learned Addl. Sessions Judge-I-Cum-Special Judge (Children), Bhagalpur.
Patna High Court CR. REV. No.652 of 2022(4) dt.02-02-2023 5/5 One of the sureties should be the mother of the peti- tioner and she will also furnish an undertaking in terms stated here-in-above.
The Probation Officer shall keep on visiting the place of the petitioner and shall submit periodical report to the learned Addl. Sessions Judge-I-Cum-Special Judge (Children Court), Bhagalpur, regarding conduct of the petitioner. If found any- thing adverse against this petitioner, the same will also be re- ported to the Board for necessary action.
(Chandra Shekhar Jha, J) veena/-
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