Shyam Kumar @ Laddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.479 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- DHANSOI District- Buxar ====================================================== Shyam Kumar @ Laddu Yadav (addressed as CICL "X" hereinafter) Son Of Birendra Yadav, Resident Of Village - Diliyan, P.S.- Sasaram (T), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Advocate For the Respondent/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present criminal revision application has been filed for release the CICL "X" (petitioner) on bail after setting aside the order dated 21.05.2022 passed in Cr. Appeal No. 16 of 2022 as well as order dated 25.03.2022 passed in J.J.B. Case No. 634 of 2022 arising out of Dhansoin P.S. Case No. 02 of 2022. Counsel for the petitioner submits that from the content of the F.I.R., it transpires that police upon secret information that accused persons are planning for commission of crime, has raid in which total four persons were apprehended including the present petitioner from whose possession one country made pistol and six cartridges have been recovered. Counsel further submits that the petitioner is apprehended since 04.01.2022 and

Patna High Court CR. REV. No.479 of 2022 dt.21-03-2023 2/2 he continue in the observation home for last more than one year. Counsel further submits that the principle jurisprudence of child is that principle of presumption of innocence shall be in favour of the petitioner. He also submits that principle of best interest be also in favour of the child.

In this view of the matter that petitioner is in custody since more than one year and also resided in observation home, the juvenile child is directed to be released at once from the observation home. The family member father and mother shall take care of their child so that he may not commit mistake in future.

With this direction, the present Cr. Revision application is allowed and the order dated 21.05.2022 passed in Cr. App. No. 16 of 2022 by the learned Additional District and Sessions Judge-Ist-cum-Special Judge (SC/ST & Children Court), Buxar as well as order dated 25.03.2022 passed by learned Juvenile Justice Board, Buxar in J.J.B. Case No. 634 of 2022 arising out of Dhansoin P.S. Case No. 02 of 2022 is hereby set aside. (Dr. Anshuman, J.) ravishankar/- AFR/NAFR CAV DATE Uploading Date Transmission Date