Patna High CourtCR. REV./163/2018allowed

Rahul Kumar v. The State Of Bihar

2018-09-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.163 of 2018 Arising Out of PS. Case No.-28 Year-2016 Thana- BUNIADGANJ District- Gaya ====================================================== Rahul Kumar S/o Ganesh Singh,(under this Guardianship), R/o MohallaGopalganj Road, Manpur, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer For the Respondent/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2018 Heard learned counsel for the parties.

The petitioner is admittedly a juvenile. He is in custody since 17.02.2016. His application for release on bail has been rejected by the learned First Additional District Judgecum-Special Judge (Children) Court, Gaya by order dated 18.12.2017, aggrieved by which the present application has been filed. His earlier attempt for release on bail was turned down by this Court by order dated 06.07.2017, with a direction to the Juvenile Justice Board, Gaya to conclude enquiry under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 within a period of four months. It seems that thereafter the petitioner was sent up for trial before the Children's Court where the trial is still pending. The petitioner's

Patna High Court CR. REV. No.163 of 2018(5) dt.26-09-2018 2/2 implication is based on confession of a co-accused and Deepak Giri.

Considering the only aspect that the petitioner has remained in custody for nearly two years and seven months, this application is allowed. The impugned order dated 18.12.2017 passed by the learned Additional District Judge-I, Gaya is set aside.

Let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-I, Gaya in Juvenile Trial No. 2/17 arising out of Buniyadganj P.S. Case No. 28 of 2016. (Chakradhari Sharan Singh, J) arun/- U