Ashutosh Kumar @ Ashutos Kumar Yadav @ Nakul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.166 of 2018 ===================================== Ashutosh Kumar @ Ashutos Kumar Yadav @ Nakul Yadav, Son of Ramashish Yadav, Resident of Village- Birpur, Police StationMadhepur, DistrictMadubani, under the guardianship of his cousin namely Arjun Yadav, Son of Ramchandra Yadav, resident of Village- Birpur, Police Station- .............pur, and district- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ===================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Respondent/s : Mr. Sri Dilip Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-03-2018 The petitioner has approached this Court for his release from remand home where he has been lodged in connection with Madhepur P.S. Case No. 68 of 2015 dated 21.07.2015, instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner and three others are said to have opened fire at the informant leading to injuries to none but damage to the vehicle of the informant.

The petitioner, at the relevant time i.e. on the date of occurrence was assessed to be less than 16 years of age. There is nothing in the order of the Juvenile Justice Board as also of the Appellate Court that release of the

Patna High Court CR. REV. No.166 of 2018 (2) dt.30-03-2018 2/2 petitioner from the remand home shall not be conducive to his future and shall expose him to criminal ways of life. Considering the nature of accusation against the petitioner, his age at the time of the occurrence and the period for which he has remained in the remand home, this Court is inclined to direct for release of the petitioner from the remand home.

The petitioner/juvenile, above named, is directed to be released on his furnishing bond in the sum of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Madhubani in connection with Madhepur P.S. Case No. 68 of 2015.

One of the bailors shall be the mother of the petitioner, who at the time of filing of her bonds shall furnish an undertaking that she shall take good care of her son and shall report about any disobedience of her son to the Officer-incharge of the concerned Police Station. The present revision petition is accordingly allowed. (Ashutosh Kumar, J) Shageer/- U T