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2016 DIGILAW 651 (PAT)

Manish Kumar @ Karnjit Kumar @ Karanjeet Kumar @ Manish Kumar Singh v. State of Bihar

2016-05-17

ANJANA PRAKASH

body2016
JUDGMENT : The petitioner seeks revision of the order dated 28.11.2015 passed by the Sessions Judge, Aurangabad in Cr. Appeal No. 78 of 2015 arising out of Amba P.S. Case No. 35 of 2014 by which he has affirmed the order dated 30.09.2015 passed by the Juvenile Justice Board, Aurangabad. 2. Considering that father of the petitioner undertakes his responsibility, let the Petitioner, above named, be released on furnishing bond of Rs.5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Juvenile Justice Board, Aurangabad in connection with Amba P.S. Case No. 35 of 2014 subject to the conditions: A. That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor will be father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, B. That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bond on the ground of misuse, C. That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bond will be liable to be cancelled for reasons of misuse. D. That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bond will be liable to be cancelled. 3. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. 3. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police, Aurangabad and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, Aurangabad a certificate will be filed by the petitioner before the Court concerned. 4. The revision application stands allowed and the order dated 28.11.2015 passed by the Sessions Judge, Aurangabad in Cr. Appeal No. 78 of 2015 arising out of Amba P.S. Case No. 35 of 2014 by which he has affirmed the order dated 30.09.2015 passed by the Juvenile Justice Board, Aurangbad, is hereby set aside. Let the case diary be remitted to the Court below immediately. Application allowed.