Vikash Kumar vs The State Of Bihar
2021 Latest Caselaw 812 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.26 of 2021
     Arising Out of PS. Case No.-79 Year-2019 Thana- NAWANAGAR District- Buxar
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Vikash Kumar, aged about 17 years, male, through Vijay Kumar Singh @ Bijay Kumar Singh, aged about 50 yrs, male, son of late Suba Singh, in the capacity of father Natural Guardian of Minor who is and has been declared minor by the Juvenile justice Board, son of Vijay Kumar Singh @ Bijay Kumar Singh, Resident of Village-Ikil, P.S.-Nawanagar (Sonbarsa O.P.), District-Buxar.

... ... Petitioner/s Versus The State of Bihar

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s      :     Mr. Md. Ataul Haque, Advocate
For the State             :     Mr. Raj Kishore Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Md. Ataul Haque, learned counsel for the

petitioner and Mr. Raj Kishore Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with

Navanagar (Sonbarsa) PS Case No. 79 of 2019 dated

12.03.2019, instituted under Sections 394 of the Indian Penal

Code and 27 of the Arms Act, 1959.

4. This is the second attempt for bail by the petitioner as

earlier such prayer in Cr. Revision No. 1366 of 2019 was

withdrawn on 29.06.2020 as the criminal antecedent was not Patna High Court CR. REV. No.26 of 2021 dt.10-02-2021

correctly disclosed.

5. The allegation against the petitioner is that he along

with others had tried to loot the informant's box in which there

was cash of about rupees one lakh and upon protest, one person

fired from the pistol which hit the informant's left hand.

6. Learned counsel for the petitioner submitted that the

petitioner is a juvenile and has been falsely implicated in the

present case. It was submitted that there is another case against

the petitioner which was instituted the same day under the Arms

Act and in which he is on bail. Learned counsel submitted that

he is not named in the FIR. It was submitted that in the present

case, he has been remanded from Navanagar PS Case No. 80 of

2019 which has been instituted under Sections 25(1-B)(a)/26/35

of the Arms Act, 1959. Learned counsel submitted that there is

no recovery of any looted article either from his possession or

from his house. It was submitted that there has been no Test

Identification Parade (TIP) and the petitioner being a juvenile

has been granted bail in the other case on 13.06.2019 in Cr.

Appeal No. 33 of 2019. Learned counsel submitted that the

petitioner is in the Observation Home since 05.04.2019. It was

submitted that the petitioner has been declared minor by the

Juvenile Justice Board, Buxar on 12.07.2019 and co-accused Patna High Court CR. REV. No.26 of 2021 dt.10-02-2021

Prakash Rai, who is a major, has been granted bail by a

coordinate bench by order dated 27.09.2019 in Cr. Misc. No.

49997 of 2019. Learned counsel submitted that the father of the

petitioner undertakes to keep him under his care and also ensure

that he would not come in association of any known criminal or

be exposed to moral or psychological danger.

7. Learned APP submitted that the petitioner is accused

of forcibly trying to loot cash of about rupees one lakh and was

also party to the shooting on the informant causing injury in his

left hand.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Juvenile Justice

Board, Buxar in Navanagar (Sonbarsa) PS Case No. 79 of 2019,

subject to the conditions (i) that one of the bailors shall be the

father of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory Patna High Court CR. REV. No.26 of 2021 dt.10-02-2021

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T