Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1334 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== DEEPU KUMAR Son of Mahaveer Singh through his father Mahaveer Singh Resident of Village- Uttampur, P.S- Rajpur, District- Buxar. at Present Mo.- Vansakti Nagar, Charitravan, Ward No- 4, P.S.- Buxar (Town), Dist.-Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Respondent/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, in the present case, is seeking setting-aside of the order dated 07.09.2019 passed by learned Additional District & Sessions Judge - 1st - cum - Special Judge, Buxar, in Cr. Appeal No. 63/2019 preferred against the order dated 01.08.2019 in J.J.B. Case No. 575/2019 arising out of Buxar (Muffasil) P.S. Case No. 151/2019 for the offences under Sections 392 I.P.C. by which the learned Additional District & Sessions Judge has been pleased to reject the prayer for release of the petitioner who is a juvenile from the observation

2/4 home.

Learned counsel for the petitioner submits that as per allegations in the First Information Report three persons entered into the Grahak Seva Kendra of the Bank of Baroda on 07.06.2019 and on the point of pistol they took away Rs. 43,600/- from the counter along with other articles.

A case against three unknown has been lodged under Section 392 of the Indian Penal Code. Learned counsel submits that the petitioner has been declared juvenile vide order dated 19.07.2019 passed by the learned Juvenile Justice Board, Buxar and in this connection he has brought to the notice of this court Annexure '2' to the present application in which the date of birth of the petitioner has been mentioned as 10.05.2003 and on the alleged date of occurrence he was of 16 years and 28 days.

Learned counsel further submits that till date no T.I. Parade has been conducted and nothing incriminating has been recovered from the possession of the petitioner.

3/4 It is further submitted that the two other juvenile who were made accused in this case have been released on bail by learned coordinate Bench of this court in Cr. Rev. No. 1265/2019 and Cr. Rev. No. 1288/2019.

Learned A.P.P. for the State has opposed the prayer for bail, however admits that the petitioner has been declared juvenile and the two similarly situated juveniles have been released on bail.

In the given facts and circumstances of the case considering that the petitioner is a juvenile and he has not been put on T.I. Parade so far as also that two other juveniles who were implicated in this case have been released by learned coordinate Benches of this Court, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Buxar, in connection with J.J.B. Case No. 575/2019 arising out of Buxar (Muffasil) P.S. Case No. 151/2019.

One of the bailors would be the father of

4/4 petitioner who will give an undertaking that he will take care of the petitioner and in case the petitioner does not act as per his advise he shall report to the Officer-inCharge of the concerned police station and that during bail the petitioner will be under supervision of the concerned probation officer.

This applications stands disposed off accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U T