Patna High CourtCR. REV./248/2022dismissed

Vikash Kumar @ Vikash Yadav @ Vikash Kumar Yadav v. The State Of Bihar

2022-08-29Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.248 of 2022 Arising Out of PS. Case No.-658 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== XXX, S/O GULTAN YADAV @ PRABHASH KUMAR, R/o villageMadhepura Tola, Kanp, P.S.- Sour Bazar, District- Saharsa. Under the Guardianship of his father.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raja Surendra Mohan, Advocate For the Respondent/s :

Mr.Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned A.P.P. for the State. Petitioner in the present case is seeking setting aside of the order dated 08.03.2022 passed by the learned 1st Additional Sessions Judge-cum- Special Judge (Kishore), Purnea in Special (Kishore) Case No. 08/2021/CIS No. 08/2021 arising out of K. Hat P.S. Case No. 658 of 2018 under Section 302, 224, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act whereby and whereunder the prayer for bail of the petitioner has been rejected.

As per the prosecution story, on 19.09.2018 Md. Aahshanul Haque, Incharge Superintendent of Observation Home, Purnea got a telephonic information that the petitioner

Patna High Court CR. REV. No.248 of 2022(4) dt.29-08-2022 2/3 and four others, who were residing in the Observation Home, Purnea as juvenile in conflict with law have committed murder of house father and one juvenile and fled away from the Observation Home.

Learned counsel for the petitioner submits that the petitioner is a juvenile aged about 17 years 08 month 19 days on the alleged date of occurrence. It is submitted that he has been taken on remand on 23.06.2020. It is further submitted that coaccused similarly situated have been granted bail. On the other hand, Mr. Navin Kumar Pandey, learned A.P.P. for the State submits that this petitioner has a very serious criminal antecedents. This Court has been informed that there are altogether 29 cases in which the petitioner is an accused even though learned counsel for the petitioner has tried to impress upon this Court that in some of the cases, the petitioner has been acquitted, he is unable to say as to in how many cases the petitioner has been acquitted so far and how many cases are pending against him.

Be that as it may, considering the kind of huge criminal antecedents and the fact that he had fled away from the observation home after allegedly involving in commission of double murder, this Court is not inclined to interfere with the

Patna High Court CR. REV. No.248 of 2022(4) dt.29-08-2022 3/3 impugned judgment.

This application is dismissed.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.