Amkam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 396 of 2024 Arising Out of PS. Case No.-586 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Amkam Kumar, minor son of Sri Devsharan Yadav; minor under the guardianship of his father Sri Devsharan Yadav, aged about 44 years (male), son of late Musafir Rai, resident of Village - Vishwakarma Nagar Punaura, W No 06, PS - Punaura & District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr Anil Kumar, Advocate For the Respondent/s :
Mr Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 02-08-2024 Heard.
2 Being aggrieved with the judgment dated 16.04.2024 passed in Criminal Appeal No 9 of 2024 by the learned Additional Sessions Judge I -cum- Special Judge, Children Court, Sitamarhi whereby the learned appellate Court affirmed the order passed by the learned JJB, Sitamarhi who rejected the prayer for bail of the petitioner vide its order dated 07.03.2024 passed in Dumra PS Case No 586 of 2023, JJB Case No 1993 of 2024.
3 According to the case of the prosecution, on 11.12.2023, on the basis of information received from the Police Station, the police official searched and seized one country
Patna High Court CR. REV. No.396 of 2024(4) dt.02-08-2024 2/3 made pistol from the possession of the petitioner who is a minor boy aged 17 years, 8 months and 8 days.
4 It is submitted by the learned counsel for the petitioner that petitioner is a student and his father has given undertaking that he will take care to rehabilitate the petitioner and will also try to keep him away from the company of bad elements. The father of the petitioner is also ready to execute the bond, as directed by this Court. Learned counsel further submits that though there are three previous antecedents against the petitioner but in the Social Investigation Report, there is no complaint against the petitioner. Therefore, it is prayed by the learned counsel that the petitioner be granted the benefit of bail. 5 Learned APP has opposed the prayer for bail. 6 Considering the submission made by the learned counsel for the petitioner, this application is allowed. 7 Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of JJB, Sitamarhi in JJB Case No 1993 of 2024 arising out of Dumra PS Case No 586 of 2023 subject to the following conditions:
(i) That one of the bailors should be the father of the petitioner, and
Patna High Court CR. REV. No.396 of 2024(4) dt.02-08-2024 3/3 (ii) That the father of the petitioner shall file an affidavit before the concerned Court below, giving specific undertaking that after release of the petitioner on bail, he will take proper care of the petitioner and will not allow him to fall into bad company.
(Arvind Singh Chandel, J) M.E.H./- U T