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Judgment
Heard Mr. Nandan Prasad, learned counsel for the petitioner and Mr. Awnish Shankar, learned A.P.P. for the State.
The petitioner is aggrieved by the order dated 23.09.2017 passed in Criminal Appeal No. 36 of 2017 by the learned Additional Sessions Judge
I, Gumla by which the order dated 11.08.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Gumla in Bishunpur P. S. Case
No. 13 of 2016 rejecting the prayer for bail of the petitioner has been affirmed.
Submission has been advanced that the petitioner was not named in the FIR and only on the confessional statement of co-accused he has been
implicated. He further submits that the petitioner is in custody since 04.09.2016 and the Social Investigation Report is not adverse to the cause of
the petitioner.
Learned A.P.P. for the State has opposed the prayer, but has accepted the fact that the petitioner''s name has surfaced on the confessional
statement of co-accused.
In view of the aforesaid submission, therefore, which has not been properly appreciated by the learned court below, while setting aside the
impugned orders dated 23.09.2017 and 11.08.2017, the petitioner above named is directed to be released on bail on 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, Juvenile Justice Board,
Gumla in connection with Bishunpur P. S. Case No. 13 of 2016 corresponding to Spt. G. R. No. 869 of 2016, on a condition that, the mother of
the petitioner will keep the petitioner at a safe place and will not allow him to meet any bad element and further directed to produce the petitioner
before Juvenile Justice Board, Gumla on each and every date fixed in the concerned case, till the conclusion of the inquiry. Accordingly, this
application stands disposed of.