Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1172 of 2017 ===================================== Amit Kumar, S/o Vijay Shankar Prasad, Natural Guardian of petitioner, R/o Village- Chandaura, P.S.- Kako, DistrictJehanabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv. For the State : Mr. Bharat Bhushan, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-02-2018 The petitioner/juvenile seeks his release from the remand home where he has been lodged since 04.06.2016 in connection with Patna Junction Rail P.S. Case No. 103 of 2016, dated 03.05.2016, instituted for the offence under Sections 394 and 302 of the Indian Penal Code. The petitioner was adjudged a juvenile on 06.03.2017 by the Juvenile Justice Board, Patna. A robbery had taken place in a train where one of the passengers, who was attacked by one of the miscreants, died during the course of treatment.

The petitioner was arrested in this case on

Patna High Court CR. REV. No.1172 of 2017 (4) dt.27-02-2018 2/3 suspicion and was not even put on Test Identification Parade. One of the accused persons (an adult), on his arrest, stated that he had purchased the looted mobile from the petitioner. He was granted bail on the ground that the case was lodged against people falling in the age group of 14-17 years, but the aforesaid accused person was aged about 40 years. Be that as it may, but for suspicion and the statement of co-accused that he had purchased the stolen mobile from the petitioner, there is no other material to connect the petitioner/juvenile with the crime. The social investigation report also does not refer to any specific ground whereby it could be ascertained that his release from the remand home would lead to his falling in bad company. Regard being had to the period of custody of the juvenile/petitioner and the materials collected against him, this Court is inclined to release him from the remand home. The petitioner/juvenile approached this Court through his father for such release.

The petitioner/juvenile is directed to be released from the remand home on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Patna in connection with J.J.B. Case No. 513 of 2016, arising out of Patna Junction Rail P.S. Case No. 103 of

Patna High Court CR. REV. No.1172 of 2017 (4) dt.27-02-2018 3/3 2016.

One of the bailors shall be the father of the petitioner, who, at the time of filing of the bonds shall give an undertaking that he shall take good care of his son and in case the petitioner/juvenile does not pay heed to his advice, he would report such matter forthwith to the Officer-InCharge of the concerned police station. With the aforesaid observation and direction, the present revision petition is allowed.

(Ashutosh Kumar, J) Praveen-II/- U T