Shamim Akhtar @ Md. Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.431 of 2015 =========================================================== Shamim Akhtar @ Md. Shamim Akhtar Son of Mahfooj Alam, Resident of VillageIslampur, P.S. Nanpur, District- Sitamarhi, residing under guardianship of his father namely Mahfooj Alam.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 09-06-2015 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 25(1b)A, 26(2), 35 of the Arms Act. He was declared juvenile on the date of occurrence by the Juvenile Justice Board, Sitamarhi (hereinafter referred to as the Board) under order dated 27.08.2012, but his prayer for bail was rejected by the Board under order dated 31.10.2014, which has also been affirmed by the Appellate Court under judgment dated 30.03.2015.

It appears, though petitioner was declared juvenile in the year 2012, he was kept all along in jail.

Let petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two

Patna High Court CR. REV. No.431 of 2015 dt.09-06-2015 sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Sitamarhi in connection with J.J.B. Case No. 396 of 2014, G.R. No. 578 of 2012 arising out of Belsand P.S. Case No. 28 of 2012 and report be submitted to this Court as to why petitioner though declared juvenile, was kept in jail custody. Registrar (Establishment), who is Secretary of the Juvenile Justice Committee, Patna High Court shall look into the matter and ensure that juvenile is not kept in jail custody. (V.N. Sinha, J.) Arjun/- U T