Patna High Court
Robin Matho @ Robin Kumar vs The State Of Bihar on 23 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 60 of 2022
Arising Out of PS. Case No.-580 Year-2017 Thana- SIWAN MUFFASIL District- Siwan
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ROBIN MATHO @ ROBIN KUMAR Son of Hiralal Prasad Resident of
Village - Rampur, P.s.- Siwan Mffasil, Distt.- Siwan. Under Guardianship of
His Mother Pramila Devi , aged about 42 Year (F), W/o Hiralal Prasad , R/o
Village - Rampur, P.s.- Siwan Muffasil, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Devendra Kumar Sinha, Sr Advocate with
Mr Ajay Kumar Pandey, Advocate
For the Respondent/s : Dr Ajeet Kumar, APP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 23-03-2022
Heard learned counsel for the petitioner-revisionist and
learned Additional Public Prosecutor (for brevity, APP) appearing
for the State of Bihar.
2 Petitioner-revisionist has preferred this Revision
Application against the judgment dated 20.12.2021 passed by the
Additional Sessions Judge I -cum- Special Judge, Siwan in
Juvenile Trial No 5 of 2018 as well as judgment dated 25.04.2018
passed by the Juvenile Justice Board, Siwan in Siwan Mufassil
Police Station (for brevity, PS) Case No 580 of 2017 instituted for
the offence punishable under Sections 302/34 of Indian Penal
Patna High Court CR. REV. No.60 of 2022 dt.23-03-2022
Code and Section 27 of the Arms Act, by which he has dismissed
the appeal for grant of bail to the petitioner-revisionist and
confirmed the order dated 25.04.2018 passed by Juvenile Justice
Board, Siwan.
3 Since 18.12.2017, petitioner is stated to be in custody.
The date, as per submission of learned senior counsel, has wrongly
been recorded in the judgment dated 06.12.2019 passed in
Criminal Revision No 987 of 2018 whereby and whereunder the
prayer for bail was rejected earlier.
4 Allegation is that, along with one Karan Yadav, the
petitioner-revisionist has called the informant's brother whereafter
they fired upon him leading to his death. The petitioner was
assessed as 17 years, 8 months and 23 days old on the date of
occurrence. Submission is that the petitioner-revisionist is willing
to submit an undertaking that he will not be involved in any
criminal activity in future and in the instant case, the allegation is
false and based on suspicion. Further submission is that from the
First Information Report, it is evident that after Karan Yadav (co-
accused) had fired two shots on the victim's temple, the petitioner-
revisionist fired upon his neck. Petitioner-revisionist, even as per
allegation, has fired upon the victim later. The first two gunshot
injuries, even as per prosecution case, are attributed to co-accused
Patna High Court CR. REV. No.60 of 2022 dt.23-03-2022
Karan Yadav. The petitioner-revisionist, as per disclosure made in
paragraph 3 of the application, is having seven criminal
antecedents and has been granted bail in two out of the seven
cases.
5 Considering the period of custody and the fact that
there is no progress at the trial, this Court had granted liberty to the
petitioner-revisionist to move before an appropriate forum for
grant of bail while disposing of his second revision application for
bail bearing Criminal Revision No 591 of 2021, on 03.11.2021.
Petitioner-revisionist, thereafter, has moved the Special Judge,
Siwan and his prayer for bail was rejected under order dated
20.12.2021.
6 In these circumstances, report had been called for from
the trial Court. From the report dated 21.02.2022 received from
the trial Court, it is apparent that no witness has been examined till
date. The petitioner-revisionist has remained in custody now for
more than four years.
7 Learned senior counsel submits that father of the
petitioner will take care of the petitioner and file an affidavit to
this effect taking his responsibility.
8 Considering the aforesaid submissions and the period
of custody of the petitioner and also the fact that there is no
Patna High Court CR. REV. No.60 of 2022 dt.23-03-2022
progress in the trial whatsoever, subject to such undertaking being
filed by the father of the petitioner, prayer for bail is allowed and
judgment dated 20.12.2021 passed by Additional Sessions Judge I
-cum- Special Judge, Siwan in Juvenile Trial No 5 of 2018 as well
as judgment dated 25.04.2018 passed by the Juvenile Justice
Board, Siwan in Siwan Mufassil PS Case No 580 of 2017 are set
aside.
9 Let the petitioner-revisionist above named, be released
on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge I -cum- Special Judge,
Siwan in Siwan Mufassil PS Case No 580 of 2017.
10 This Revision Application is, accordingly, allowed.
11 Learned counsel for the petitioner is expected to
honour his undertaking given in the instant proceedings today for
depositing requisite Court fee and removing the defect (s), as
pointed out, when called upon to do so.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.03.2022
Transmission Date 25.03.2022
