Anuj Yadav @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.533 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- MAIRWA District- Siwan ====================================================== Anuj Yadav, Son of Satish Yadav, under the Guardianship of his Satish Yadav, resident of Village- Niyarwa, P.S.- Khampar, District- Deoria ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Adv.

For the Respondent :

Mr. Chandra Bhushan Prasad, APP 92 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3 22-05-2018 Heard learned counsel for the petitioner and the State. This is a case under Sections 272, 273 and 34 of the Indian Penal Code and 30(a), 37(b) and 41(i) of the Bihar Prohibition and Excise Act, 2016, in which the petitioner is in custody in connection with regard to Siwan juvenile Trial No. 12 of 2018 arising out of Mairwa P.S. Case No. 1 of 2018.

Counsel for the petitioner submits that the petitioner has been declared juvenile by the Juvenile Justice Board. The Juvenile Justice Board has assessed the age of the petitioner as 16 years and 7 months on the date of occurrence. The petitioner is in custody since the date of occurrence. It is alleged that while informant was on patrolling duty and checking vehicles he saw three persons coming and on seeing the police party they tried to run away. Police apprehended this petitioner. It is alleged that from the possession of this petitioner 7 liters of country made liquor of Uttar Pradesh and 6 liters of foreign liquor were recovered.

Patna High Court CR. REV. No.533 of 2018(3) dt.22-05-2018 2/2 The appeal preferred by the petitioner was dismissed by the Court below. It is submitted that the father of the petitioner is ready to undertake the safety of the petitioner and also undertake that the petitioner will not come in contact with the bad elements. The Criminal Revision is allowed.

Considering the entire facts and circumstances, aforesaid, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Siwan juvenile Trial No. 12 of 2018 arising out of Mairwa P.S. Case No. 1 of 2018 to the satisfaction of the Juvenile Justice Board, Siwan, subject to the conditions that both the bailors shall be close relatives of the petitioner and one of them would be the father of the petitioner, who will file undertaking in the Court below to ensure that the petitioner will pursue his study and would not come in contact with any criminal or bad elements, after his release.

(Sanjay Priya, J) Shamshad/- U T