Mannu Kumar Mishra @ Mannu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1013 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== MANNU KUMAR MISHRA @ MANNU MISHRA Son of Vijay Mishra @ Vijay Kumar Mishra Resident of Village - Narainia, P.S.- Mirganj, Dist.- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Veerendra Narayan For the Respondent/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The present application has been filed by the petitioner for setting aside the judgment dated 19.07.2019 passed in Cr. Appeal No. 60 of 2019 by learned Addl. Sessions Judge, 1st Gopalganj affirming the order dated 27.06.2019 passed by the Juvenile Justice Board, Gopalganj in J.E.M. No. 69/2019, arising out of Mirganj P.S. Case No. 135 of 2019 registered under Section 392 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel for the petitioner submits that the present petitioner has been declared a juvenile as is evident from the order passed by the J.J.B., Gopalganj vide its order dated

Patna High Court CR. REV. No.1013 of 2019(7) dt.14-02-2020 2/3 27.06.2019 wherein he has clearly held the petitioner to be a juvenile and therefore in view of the provisions of Section 12 of the J.J. Act, 2015, the petitioner ought to have been released on bail. Learned counsel for the petitioner further submits that Social investigation report has also been submitted by the Investigating Officer in which there is no adverse report as against the petitioner. It is further submitted that the order impugned is passed without appreciating the aforementioned fact and therefore the petitioner be released in favour of his father, who shall keep him under his care and protection and produce him as and when required.

Having heard learned counsel for the petitioner and counsel appearing on behalf of the State and taking into consideration the fact that the name of the petitioner surfaced in the confessional statement made before the police and particularly because the social investigation report does not indict him otherwsie, the petitioner, a juvenile is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, 1st , Gopalganj in connection with J.E.M. No. 69/2019, arising out of Mirganj P.S. Case No. 135/2019, in favour of his father, who shall keep

Patna High Court CR. REV. No.1013 of 2019(7) dt.14-02-2020 3/3 him under his guardianship and produce him as and when required and also subject to the condition that one of the bailors of the petitioner shall be his father who at the time of filing of the bonds, shall also give an undertaking that he will take proper care of the petitioner and in case the petitioner does not act as per his advice, he shall report the matter to the Officer-inCharge of the concerned police station and further during the period of bail, the petitioner will be under the supervision of concerned Probation Officer.

In the result, the revision application is allowed and the impugned order dated 19.07.2019 is set aside. (Anjana Mishra, J) Ranjeet/- U T