Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.471 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== XXX, Son of Shree Ajay Singh @ Ajay Kumar Singh, Resident of Samsahara, P.S.- Belaganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha, Adv.

For the Respondent/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-07-2022 Learned counsel for the petitioner undertakes to remove the defects, as pointed out by office, within two weeks from today.

Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. Petitioner in the present case is seeking setting aside of the order dated 22.01.2021 passed in Juvenile Trial No.13/2020 arising out of Buniyadganj P.S. Case No.53/2020 by learned court of Special Judge (Children Court), Gaya whereby and whereunder the application seeking regular bail has been rejected.

Learned counsel for the petitioner submits that the petitioner is younger brother of the deceased Abhishek Kumar. He is brother-in-law (Devar) of the another deceased Seema

Patna High Court CR. REV. No.471 of 2021(3) dt.19-07-2022 2/3 Kumari. Both Abhishek and Seema were murdered but there is no eye witness to the alleged occurrence. Learned counsel submits that this petitioner has been adjudged juvenile aged about 17 years 3 months on the alleged date of occurrence. It is further submitted that he has one criminal antecedent in which he is on bail.

Learned counsel submits that keeping in view the spirit of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 the petitioner deserves privilege of bail. Mr. Akhileshwar Dayal, learned APP for the State has opposed the prayer for bail of the petitioner. It is submitted that though the petitioner has been adjudged juvenile but he is aged above 16 years and has got involved in commission of a heinous offence of murder of his brother and bhabhi for property disputes. Learned APP has read out the social investigation report of the petitioner. It is submitted that the social investigation report is full of adverse remarks against his conduct and in-discipline and unlawful acts. Learned counsel submits that considering the social investigation report of the petitioner it would not be in the interest of justice to release the petitioner on bail.

Having regard to the submissions noted hereinabove

Patna High Court CR. REV. No.471 of 2021(3) dt.19-07-2022 3/3 and the materials placed before this Court, finding that the petitioner has been found aged above 17 years and the social investigation report of the petitioner indicates that right from beginning he was in-disciplined, he has no connection with this family and was always indulging in quarrels, this Court is of the considered opinion that in the ends of justice the petitioner does not deserve privilege of bail. The prayer for bail is, thus, refused.

This application is dismissed.

Certified copy of the order will be made available only after removal of the defects, as pointed out by the office. (Rajeev Ranjan Prasad, J) arvind/- 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'.