Abhishek Kumar @ Mumbaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.558 of 2017 ====================================================== Abhishek Kumar @ Mumbaiya, son of Sujeet Das, through his guardian Sujeet Das, son of Lakhan Lal Das, Both resident of Village- Nagdah, P.S.- Singhaul, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Respondent/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-06-2017 Heard learned counsels for the petitioner and the State.

This application is directed against the order dated 16.01.2017 passed by Juvenile Justice Board, Begusarai in J.J.B. Begusarai Case No. 982 of 2016 arising out of Begusarai Town P.S. Case No. 469 of 2016 registered for the offences punishable under sections 399, 402 of the Indian Penal Code and sections 25(1-B)A, 26/35 Arms Act, whereby petitioner prayer for grant of bail has been refused and also against the order dated 29.03.2017 passed by the District & Sessions Judge, Begusarai in

Patna High Court CR. REV. No.558 of 2017 (3) dt.08-06-2017 2/3 Criminal Appeal (Juvenile) No. 14 of 2017, whereby the appeal filed by the petitioner has been dismissed and the prayer for bail has been refused.

Learned counsel submits that petitioner is a very meritorious student and if he is kept behind the bar his entire career will be spoiled. Petitioner is in custody for the last eight months. Other co-accused, who is alleged to be associate of this petitioner, has been granted bail by this Hon'ble Court vide order dated 05.12.2016 passed in Cr. Misc. No. 51524 of 2016. From perusal of the materials available on record and the submissions advanced on behalf of the parties, it cannot be said that no offence is made out against the petitioner. However, since petitioner is a student and has been declared juvenile, keeping him behind the bar will spoil his entire career. Charge-sheet has already been submitted in the case and other coaccused has been granted bail by this Court. In the opinion of this Court, petitioner should be given an opportunity. Accordingly, the impugned orders dated 16.01.2017 and 29.03.2017 are hereby set aside and the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. REV. No.558 of 2017 (3) dt.08-06-2017 3/3 amount each to the satisfaction of Juvenile Justice Board, Begusarai/concerned Court in connection with J.J.B. Begusarai Case No. 982 of 2016 arising out of Begusarai Town P.S. Case No. 469 of 2016.

The revision application accordingly stands allowed.

(Arvind Srivastava, J) Manish/- U T