Patna High CourtCR. REV./404/2018allowed

Allauddin Ansari v. The State Of Bihar

2018-05-28Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.404 of 2018 ======================================================

1. Allauddin Ansari S/o Late Kamruddin Ansari @ Kamruddin, R/o Vill.- Pathara, P.S.- Majhagadh, District- Gopalganj, under Guardianship of his mother Nimajan Khatoon.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajeet Singh For the Respondent/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2018 This criminal revision application filed under Section 102 of the J.J. (Protection of Children) Act is directed against the order dated 22.02.2018 passed in Cr. Appeal No. 01/2018 by the learned Sessions Judge, Gopalganj, whereby and whereunder the Learned Appellate Court was pleased to upheld the order of the learned Juvenile Justice Board, Gopalganj dated 12.12.2017 in J.E. No. 184 of 2017 arising out of Barauli P.S. No 261 of 2017, whereby learned board has refused the prayer for bail of juvenile / petitioner.

The petitioner was declared juvenile by the learned Juvenile Justice Board vide order dated 08.12.2017 at Annexure 2. Thereafter, prayer for bail of the petitioner was refused by Juvenile Justice Board on 12.12.2017 on the ground that the petitioner has got criminal antecedent. The allegation was under

Patna High Court CR. REV. No.404 of 2018 (4) dt.28-05-2018 2/3 Section 414 IPC and Section 35 of Arms Act. The Juvenile Justice Board refused the prayer on the ground that the allegation against the petitioner is of heinous nature.

The aforesaid order was challenged in Cr. Appeal No. 01 of 2018 before the learned Sessions Judge, Gopalganj. Vide order dated 22.02.2018, the learned Sessions Judge dismissed the appeal on the ground that there is every apprehension of the petitioner being in association with any of the known criminals.

Submission of the learned counsel for the petitioner is that both the courts below have ignored the fact that there is no material on the record to substantiate that in the event of release, the petitioner would go into association with any of the known criminal. In absence of any material, the finding is not sustainable in law.

After hearing the parties, I find substance in the submission. Hence, orders dated 22.02.2018 passed by learned Sessions Judge, Gopalganj in Cri. Appeal No. 01 of 2018 and order dated 12.12.2017 passed by Juvenile Justice Board, Gopalganj in J.E. No.184 of 2017 arising out of Barauli P.S. Case No. 261 of 2017 are hereby set aside and it is directed that the appellant be released on furnishing bail bond of Rs. 5,000/-(Rs.

Patna High Court CR. REV. No.404 of 2018 (4) dt.28-05-2018 3/3 Five Thousand) by any of the parents with a condition that the sureties shall look into the proper upkeep of the petitioner and shall produce the petitioner as and when required in course of enquiry before the Juvenile Justice Board.

The revision petition is allowed (Birendra Kumar, J) sushma/- U T