Mohit Kumar @ Mohit Kushwaha @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.332 of 2022 Arising Out of PS. Case No.-469 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== XXX Son Of Late Manoj Kumar R/O- Vill- Aryanagar, P.S.- Chapra Town, Dist.- Saran Under Guardinaship of His Mother Kumari Rekha Verma @ Km Rekha Verma ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh, Advocate For the Respondent/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner, in the present case, is seeking setting of the impugned judgment/order dated 23.04.2022 passed in Cr. (Juvenile) Appeal No. 19/2022 by the learned 1st Additional Sessions Judge-cum-Children Court, Saran at Chapra whereby and whereunder the learned Appellate Court rejected the prayer for bail of the petitioner and upheld the order of learned Juvenile Justice Board, Saran dated 27.02.2022/ 28.02.2022 in J.J.B. No. 1299/2022 arising out of Chapra Town P.S. Case No. 469/2021 registered for the offence under Section 302, 34 of the Indian Penal Code. He is in observation home since 22.10.2021. He has got three criminal antecedents.

Learned counsel for the petitioner submits that the

Patna High Court CR. REV. No.332 of 2022(4) dt.04-08-2022 2/3 petitioner has been falsely implicated in this case on the basis of viral photo for which the family members of the deceased claimed that this petitioner was involved in commission of murder of the father of the informant. It is submitted that the petitioner has been declared juvenile aged little more than 16 years.

Learned counsel submits that considering that the petitioner is a juvenile, he deserves privilege of bail. On the other hand, Mr. Akhileshwar Dayal, learned A.P.P. for the State submits that this petitioner seems to be getting involved one after another in commission of offence which will be evidenced from the fact that he is already an accused in three more cases and those are registered for the offence like Section 307 I.P.C. and the Arms Act. The petitioner has obtained bail in all those cases on the ground of juvenility. Learned A.P.P. submits that considering that the petitioner has fallen in bad company and is involved in repeated offence, as also that he is more than 16 years of age and his case may be tried as an adult, this Court may refuse the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, particularly that the petitioner has availed the privilege of bail

Patna High Court CR. REV. No.332 of 2022(4) dt.04-08-2022 3/3 on the ground of juvenility earlier in three cases but is getting involved one after another in the cases of serious and heinous nature, this Court is of the considered opinion that his release on bail would not be in the interest of justice. This application is, therefore, dismissed.

(Rajeev Ranjan Prasad, J.) Rajeev/- 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'.