Bomkesh Tiwari vs The State Of Jharkhand
2021 Latest Caselaw 1075 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No.35 of 2021

    Bomkesh Tiwari
    @ Niraj Kumar Tiwary @ Bacchu                ......     Petitioner

                            Versus
    The State of Jharkhand                       .....   Opp. Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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    For the Petitioner      : Mr. R. K. Singh, Advocate
    For the State           : Mr. Saket Kumar, A.P.P
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02/Dated: 03        March, 2021

1. This revision is directed against the judgment/ order dated 04.12.2020, passed by the court of learned Sessions Judge, Dhanbad, in Criminal Appeal No.101 of 2020, rejecting the prayer for bail of the petitioner (juvenile in conflict with law) in connection with Topchanchi P.S. Case No.68 of 2020, corresponding to G.R. No.1797 of 2020, registered under Sections 394, 397 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

2. Heard the learned counsel for the petitioner and the learned A.P.P. On perusal of the materials on record, it appears that name of the petitioner has transpired in the confessional statement of co-accused. Thereafter, the confessional statement of the petitioner was recorded but no incriminating articles were recovered from the possession of the petitioner. It appears from the impugned order that the petitioner does not have any criminal antecedent.

Having regard to the facts and circumstances, the petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Dhanbad, in connection with Topchanchi P.S. Case No.68 of 2020, corresponding to G.R. No.1797 of 2020, on the condition that one of the bailors shall be a close relative/ natural guardian, who shall give an undertaking (i) to ensure the

good behaviour of the petitioner, (ii) to ensure that the juvenile petitioner does not come in contact with any anti- social elements, and (iii) produce the juvenile/petitioner before the Probation Officer as and when directed by the Board. The Probation Officer shall submit the supervision report to the Board for needful.

3. In case of any adverse report, the Board is at liberty to pass necessary order in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner/juvenile shall co-operate and be present before the Board as and when directed, till conclusion of the enquiry.

4. With the aforesaid direction, the revision is, hereby, allowed.

(AMITAV K. GUPTA, J.) Chandan/-