Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No 109 of 2024 Arising Out of PS. Case No.-205 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Sahil Son of Md Mithu Resident of Village- Khoda Nagar, P.S.- Chhatauni, Dist.- East Champaran, through his mother/Guardian Shahjahan Khatun, about 42 years, Female, Wife of Md Mithu, resident of Village- Khoda Nagar, P.S.- Chhatauni, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Respondent/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 22-08-2024 This revision petition has been preferred by the petitioner (juvenile) being aggrieved with the order dated 08.12.2023 passed by the learned Additional Sessions Judge I -cum- Children Court, East Champaran at Motihari in Criminal Appeal No 28 of 2023 whereby the learned appellate Court rejected the prayer for bail of the petitioner and affirmed the order dated 03.10.2023 passed by the JJB, East Champaan at Motihari in JJB Trial No 1769 of 2023 arising out of Chhatauni PS Case No 205 of 2023 dated 01.05.2023 instituted for the offence punishable under Sections 302, 120B/34 of the IPC and Section 27 of the Arms Act.

2 Heard learned counsel for the petitioner as well as

Patna High Court CR. REV. No.109 of 2024(7) dt.22-08-2024 2/2 the learned counsel for the State.

3 Social investigation report clearly shows that one more criminal antecedent of the petitioner is there, i e, Chhatauni PS Case No 202 of 2021 registered for the offence punishable under Sections 341, 323, 377, 504/34 of the IPC and Section 4 of the POCSO Act. Social investigation report further shows that the petitioner is in association of the same age group of persons who are running a gang. The contents of the FIR as well as other materials also show that due to this gang war, the alleged offence has been committed. Therefore, it is clear that if the petitioner will be granted the benefit of bail, then again he will join the company of the said criminals. Therefore, both the Courts below, i e, the JJB as well as the learned appellate Court have rightly rejected the prayer for bail of the petitioner. 5 I do not find any illegality/infirmity in the order passed by the JJB as well as the learned appellate Court. 6 Accordingly, this revision petition is dismissed. (Arvind Singh Chandel, J) M.E.H./- U T