IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1126 of 2011 Prince Kumar @ Pinish Mahto @ Pinish Kumar son of Rameshwar Mahto, resident of village- Pir Nagar, P.S.- Naokothi and Distt- Begusarai. ... Petitioner. Versus The State Of Bihar .. Opp. Party. -------
For the Petitioner :Dr. Amrandra Kumar, Adv.
For the State : Mr. Udai Pratap Singh, APP
2. 09.09.2011 The accused- petitioner has preferred
this revision application under Section 53 of
the Juvenile Justice (Care and Protection of
Children) Act, 2000 against the judgment dated
29th July 2010 passed by learned Sessions
Judge, Begusarai in Cr. Appeal No.72 of 2010 by
which the order dated 12.4.2010 passed by
learned Juvenile Justice Board, Begusarai in
Nawkothi P. S. Case No. 90 of 2008 (G.R. No.
3310 / 08) under Sections 25(1-b)A, 26, 35 and
27 of the Arms Act has been confirmed and the
appeal has been dismissed.
The main contention of Learned counsel for the petitioner is that the petitioner is a juvenile declared by the
Juvenile Justice Board. He filed a petition for
grant of bail which was rejected by the learned
Juvenile Justice Board vide order dated
12.4.2010, whereafter he filed Cr. Appeal No.
72 of 2010 which has been dismissed by the
learned Sessions Judge on the ground that the
petitioner was arrested at the spot with
firearms and ammunition to murder informant and
witnesses of this case and he is involved in
two other cases of murder and one case of
extortion and attempt to murder. Learned
counsel for the petitioner has further
submitted that the petitioner has been in
custody since 31.8.2008 and under the provision
of Juvenile Justice Act maximum punishment for
a juvenile is three years only. The petitioner
has been in custody for more than three years
in this case.
Learned A.P.P. for the State could
not controvert the contention of the petitioner
while opposing the prayer.
Considering the detention of the
petitioner in custody, the impugned order is
set aside. The above named petitioner is
directed to be released on bail on furnishing
bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to
the satisfaction of learned Juvenile Justice
Board, Begusarai in connection with Nawkothi P.
S. Case No. 90 of 2008 (G. R. No. 3310/08) with
(i) One of the bailors must be the
father of the petitioner.
(ii) The father of the petitioner
will take care of the petitioner and he will
produce the petitioner in the Court if and when
required. In case of absence on two consecutive
dates, his bail bonds would be liable to be
(iii) The petitioner will not indulge
himself in similar or in any other offence.
(iv) In case of violation of the
terms and conditions of bail, the bail bond of
the petitioner will be liable to be cancelled
by the learned Juvenile Justice Board and he
will be liable to be taken into custody.
In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)