Disposed

Diwakar Kumar @ Guddu v. The State Of Bihar

Patna HC23 Feb 2017CR. REV./1149/2016

Case brief

AI extract

What is this about?

Petitioners, declared juveniles and accused of various offences, challenged rejection of bail by JJB and Sessions Court. Court directed JJB to conclude Section 14 enquiry within three months and allowed bail renewal if delayed, without interfering with impugned orders.

What did the court decide?

Petitioner at liberty to renew bail prayer if enquiry under Section 14 not concluded within three months; impugned orders not interfered with.

Diwakar Kumar @ Guddu Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1149 of 2016

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====================================================== 1. Diwakar Kumar @ Guddu Son of Laxman Prasad Resident of VillageMachhi, P.S.- Sakra, District- Muzaffarpur. 2. Laxman Prasad son of Sri Ram Chandra Mahto, resident of village=Machhi, P. S. Sakra, District-Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Respondent/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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5 23-02-2017 Heard learned counsel for the parties.

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The petitioner is accused of offence punishable under Sections 399,402,414,120B,121A,122,123 of the Indian Penal Code, Sections 3,4,5 of the Explosive Substance Act, Sections 25 (1-b) a, 26(ii), 35 of the Arms Act and various provisions of U.P. A. Act. He has been declared to be a juvenile. His application for his release on bail has been rejected by the Juvenile Justice Board, Muzaffarpur by an order dated 12.08.2016 passed in J.J.B. case No. 212 of 2015. His appeal against the said order has also been dismissed by an order dated 26.09.2016 passed by learned Sessions Judge, Muzaffarpur in Criminal Appeal No. 77 of 2016. This is the background in which he has preferred criminal revision

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application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for his release on bail.

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In compliance of an order of this Court, dated 09.02.2017, learned A.C.J.M, Muzaffarpur has submitted a report, which is far from being satisfactory.

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In the facts of the present case, I direct the Juvenile Justice Board, Muzaffarpur to conclude the enquiry under Section 14 of the Juvenile Justice (Care & Protection of Children) Act, 2000 within a period of three months from the date of communication of the present order. If the enquiry is not concluded within the aforesaid period of three months, the petitioner shall be at liberty to renew his prayer for bail before appropriate forum.

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This application is disposed of with the observation as above but without interfering with the impugned orders.

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(Chakradhari Sharan Singh, J)

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ArunKumar/-

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Diwakar Kumar @ Guddu v. The State Of Bihar

Case brief

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Diwakar Kumar @ Guddu v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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