Patna High CourtCR. REV./349/2016withdrawn

Jitu Kumar @ Jitu Vishwakarma v. The State Of Bihar

2016-11-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.349 of 2016 ====================================================== Jitu Kumar @ Jitu Vishwakarma .... .... Petitioner/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar Mr. Birender Kumar For the Respondent/s : Mr. B.M.P.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-11-2016 Heard the parties.

The present Criminal Revision application has been filed against an order, dated 28.01.2016, passed by the learned Sessions Judge, Nawada in Criminal Appeal (Juvenile) No. 03 of 2016, whereby he has dismissed the appeal filed by the petitioner. The order, dated 09.12.2015 passed by the Juvenile Justice Board, Nawada, rejecting petitioner's application for bail was under challenge in the said Criminal Appeal (Juvenile) No. 03 of 2016. The petitioner was declared to be a juvenile by an order, dated 08.12.2015 passed by the Juvenile Justice Board, Nawada. The said order passed by the Juvenile Justice Board, Nawada, was assailed by the informant by filing the appeal before the learned Sessions Judge, Nawada, which came to be finally disposed of by learned 01st Additional District and Sessions Judge, Nawada. The

Patna High Court CR. REV. No.349 of 2016 (3) dt.24-11-2016 2/2 learned 01st Additional District and Sessions Judge, Nawada remanded the matter back to the Juvenile Justice Board, Nawada for passing an order afresh after getting the correctness of certificates produced by the petitioner in support of his claim of juvenility, verified.

Petitioner's claim of juvenility is yet to be decided. In such circumstances, learned counsel for the petitioner has sought permission to withdraw the present application with liberty to challenge the correctness of the order, dated 14.11.2016, passed in Criminal Appeal No. 18 of 2016 by learned 01st Additional District & Sessions Judge, Nawada. Permission is accorded.

This application is disposed of as withdrawn with liberty as sought for by learned counsel for the petitioner. (Chakradhari Sharan Singh, J) sunil/- U