Vivek Kumar Mandal @ Vivek Kumar vs The State Of Jharkhand
2021 Latest Caselaw 1227 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 710 of 2020
                         ...

Vivek Kumar Mandal @ Vivek Kumar.... Petitioner

-V e r s u s-

The State of Jharkhand ..... Opposite Party ...

Coram: HON'BLE MR. JUSTICE AMITAV K. GUPTA ...

For the Petitioner : Mr. Amit Kumar Verma, Advocate.

For the State : Ms. Anuradha Sahay, A.P.P.

For the Informant : Mr. Himanshu Shekhar Pandey, Advocate.

...

05/10.03.2021

1. The revision is directed against the judgment dated 24.07.2020,

passed by the court of the learned 1st Additional Sessions Judge,

Deoghar in Criminal (Juvenile Bail) Appeal No. 33 of 2020, rejecting

the prayer for bail of the petitioner (juvenile in conflict with law) in

connection with Deoghar Town P.S. Case No. 137 of 2020

corresponding to G.R. No. 263 of 2020 registered under Section

302/34 and 120 B of the Indian Penal Code and Section 27 of the Arms

Act.

2. Heard the learned counsel for the petitioner and learned A.P.P.

assisted by the learned counsel for the informant.

It appears that the name of the petitioner has transpired in the

confessional statement of the co-accused. The petitioner is not named

in the first information report. No incriminating articles were

recovered from the possession of the petitioner. There is no eyewitness

to the occurrence. On similar allegation co-accused Rajesh Kumar @

Rajesh Kumar Raut has been granted bail in Cr. Revision No. 434 of

2020 vide order dated 25.08.2020.

Considering, the fact, that the case of the petitioner stands on

same footing to that of the co-accused who has been admitted to bail accordingly the petitioner is directed to be released on bail on his

furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) with

two sureties of like amount each to the satisfaction of the learned

Principal Magistrate, Juvenile Justice Board, Deoghar in connection

with Deoghar Town P.S. Case No. 137 of 2020 corresponding to G.R.

No. 263 of 2020 in Enquiry No. 121 of 2020, on the condition that one

of the bailors shall be his close relative, who shall give an undertaking

(i) to ensure the good behavior of the petitioner, (ii) he shall ensure

that the juvenile petitioner does not come in contact with any anti-

social element, and (iii) to produce the petitioner before the Probation

Officer as and when directed by the Board.

If any adverse remark is broughtforth before the Board, it shall

pass necessary order in accordance with the provisions of Juvenile

Justice (Care and Protection of Children) Act, 2015. The petitioner be

present before the Board, as and when directed, and co-operate in the

enquiry.

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

(AMITAV K. GUPTA, J.) APK