Chhedi Yadav @ Sanjay Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 1410 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL REVISION No.104 of 2021
       Arising Out of PS. Case No.-237 Year-2019 Thana- BUXAR District- Buxar
======================================================

Chhedi Yadav @ Sanjay Kumar Singh, under the guardianship of his father, namely, Karpuri Yadav @ Raj Kumar Singh, Resident of Village - Nai Bazar, Akarauda, P.S.- Buxar (Town), District - Buxar

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

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

For the Petitioner : Mr.Rajeev Ranjan, Advocate For the S t a t e : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 12-03-2021

Heard learned counsel for the petitioner and the

learned counsel appearing on behalf of the State.

2. The present revision application has been

preferred against the order dated 31.08.2020 passed in Cr.

Appeal No.24 of 2020 by learned Additional Sessions Judge

1st-cum-Children Court, Buxar as well as the order dated

02.03.2020 passed in J.J.B. Case No.610 of 2019, arising out of

Buxar (Town) P.S. Case No.237 of 2019 by the learned

Principal Magistrate, J.J.B Court, Buxar, whereby and

whereunder the learned Additional Sessions Judge and the

learned Principal Magistrate have rejected the bail of the

petitioner for the offences punishable under Sections 147, 148,

149, 302 of the Indian Penal Code and Section 27 of the Arms Patna High Court CR. REV. No.104 of 2021 dt.12-03-2021

Act and Section 3(2)(V) of the SC/ST Act.

3. Informant's brother-in-law (Devar) was selling

eggs. It is alleged that all the accused persons came there and

started abusing the Devar of the informant, which was objected

by him. Petitioner-Chhedi Yadav has thereafter fired upon him,

leading to his death.

4. The petitioner's counsel submits that it is a case

of false implication. The petitioner was declared a Juvenile by

the Juvenile Justice Board, Buxar, vide order 20.01.2020.

Implication of the petitioner is based on prior enmity of the

informant with the petitioner. No independent person has seen

or supported the incident. In view of the provisions contained

in Section 12 of the J.J.Act, having regard to the age of the

petitioner at the time of the alleged occurrence being less than

15 years, the petitioner is entitled to be released on bail.

5. The social investigation report, which had earlier

been called for, takes note of the fact that the petitioner's father

is ready and willing to give an undertaking regarding

supervision and responsibility of the petitioner. Without

appreciating these factors, the petitioner's prayer for release on

bail has been rejected by the learned Children Court, Buxar in

Cr.Appeal No.24 of 2020 as well as by the learned Principal Patna High Court CR. REV. No.104 of 2021 dt.12-03-2021

Magistrate, Juvenile Justice Board Court, Buxar in J.J.B. Case

No.610 of 2019. The petitioner is already on bail in Buxar

(Town) P.S. Case No.534 of 2017. He is in custody in

connection with the present case since 15.03.2019.

6. Having considered all facts and circumstances

and also that the petitioner has been in custody for about two

years, let the above named petitioner, a juvenile, be released on

bail on his furnishing bail bond of Rs.10,000/- (Ten thousand)

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

the learned Principal Magistrate, J.J.B. Court, Buxar, in

connection with J.J.B Case No.610 of 2019 arising out of

Buxar (Town) P.S. Case No.237 of 2019, in favour of his father,

who shall keep him under his guardianship and produce him as

and when required and also subject to the condition that one of

the bailors of the petitioner shall be his father who at the time

of filing of the bonds, shall also give an undertaking that he

will take proper care of the petitioner and in case the petitioner

does not act as per his advice, he shall report the matter to the

Officer-in-Charge of the concerned police station and further

during the period of bail, the petitioner will be under the

supervision of concerned Probation Officer.

7. In the result, the revision application is allowed Patna High Court CR. REV. No.104 of 2021 dt.12-03-2021

and the impugned orders dated 31.08.2020 and 02.03.2020 are

set aside.

                                                (Madhuresh Prasad, J)

PNM
AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date
Transmission Date