Aqueel Ahmad @ Md. Aqueel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1152 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- KASBA District- Purnia ====================================================== Aqueel Ahmad @ Md. Aqueel, aged about 17 years, Gender-Male, Son of Abdul Jalil @ Md. Jalil @ Jalil Ahmad @ Md. Jeemal @ Andul Jalil, Resident of Village - Mathour, P.S.- Kasba, Distt - Purnea. Under the guardianship of his father namely Abdul Jalil @ Md. Jalil @ Jalil Ahmad @ Md.Jeemal @ Andul Jalil Son of Hasib, Resident of Village - Mathour, P.S.- Kasba, Distt - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Respondent/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned counsel appearing for the State.
The present Criminal Revision Application has been filed for setting aside the impugned judgment and order dated 21.08.2019, passed in Cr.Appeal No.28 of 2019/CIS No.28 of 2019, by learned Ist Additional Sessions Judge-cum-Special Judge, Purnea whereby and whereunder the learned court upheld the order dated 25.06.2019 in connection with Kasba P.S.Case No.55 of 2019 G.R.No.782 of 2019 for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act passed by learned Juvenile Justice Board, Purnea whereunder the prayer for bail of
Patna High Court CR. REV. No.1152 of 2019(5) dt.23-01-2020 2/3 the petitioner has been rejected.
Learned counsel for the petitioner submits that even though the Juvenile Justice Board, Purnea, vide his order dated 18.06.2019, had already declared the petitioner to be a juvenile, and though even such a finding had been arrived at, the present petitioner has not been released on bail as a result whereof, he is languishing in jail. It is submitted that such an action on the part of the concerned court is clearly in violation of Section 12 of the Juvenile Justice (Care and Protection of Children)Act, 2015 and, therefore, the petitioner may be extended the privilege of bail. Learned counsel further submits that the petitioner may be released in favour of the father of the petitioner during the pendency of this appeal.
Having considered the entire facts and circumstances of the case, let the above named juvenile petitioner, namely, Aqueel Ahmad @ Md. Aqueel be released in favour of his father, namely, Abdul Jalil @ Md. Jalil @ Jalil Ahmad @ Md. Jeemal @ Andul Jalil who shall take an appropriate care of him and shall produce him as and when required by the concerned court below on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Purnea in
Patna High Court CR. REV. No.1152 of 2019(5) dt.23-01-2020 3/3 connection with Kasba P.S.Case No.55 of 2019, G.R.Case No.782 of 2019.
The Revision Application stands disposed off. The report which has come from the court concerned be returned back at the earliest.
B.Kr./- (Anjana Mishra, J) U T