Amrendra Kumar @ Bhutani @ Bhutali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1394 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- KURTHA District- Jehanabad ====================================================== AMRENDRA KUMAR @ BHUTANI @ BHUTALI Son of Sanjit Kahar @ Sanjit Kumar Resident of Village - Nadaura, P.S.- Kurtha, District - Arwal under the guardianship of his natural guardian i.e. his father Sanjit Kahar @ Sanjit Kumar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The present revision application has been filed against the order dated 17.08.2019 passed by the learned Juvenile Justice Board, Jehanabad and also against the judgement dated 16.10.2019 passed by learned 1st Additional District and Sessions Judge, Jehanabad in Criminal (Juvenile) Appeal No. 64/2019/26/2019 whereby the application for bail of the petitioner has been rejected.

Learned counsel for the petitioner submits that though there is clear cut finding that the petitioner is a juvenile as is

Patna High Court CR. REV. No.1394 of 2019(4) dt.31-01-2020 2/3 recorded in the order of the learned Sessions Judge itself and has submitted that the present petitioner had no role to play in the alleged act, which led to the death of the grand-father of the said Kishore Kumar, yet the Court has not considered the submissions advanced and presuming that the present petitioner was in bad company and his conduct showed that the petitioner along with others had planned, the prayer for bail of the juvenile has been rejected.

Be that as it may, other accused persons have been extended the privilege of anticipatory bail but the present petitioner, who is a juvenile has been languishing in the remand home for no fault of his own and which is against the provisions of law.

Considering the aforementioned facts and that the petitioner has already been declared to be a juvenile under the provisions of the Act, let the petitioner, namely, Amrendra Kumar @ Bhutani @ Bhutali be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Juvenile Board, Jehanabad or his successor in connection with Kurtha P.S. Case No. 144 of 2018.

With the aforesaid observations and directions, the

Patna High Court CR. REV. No.1394 of 2019(4) dt.31-01-2020 3/3 present revision application stands consigned. (Anjana Mishra, J) Jagdish/- U