The Patna High Court allowed the criminal revision petition and directed the release of the juvenile petitioner from remand on furnishing a bail bond with two sureties, noting his age and lack of basis for fears of bad company.
Direction to release the juvenile petitioner from remand on furnishing a bail bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.663 of 2018
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Ravindra Kumar Yadav, son of Banti Yadav @ Bateshwar Yadav, resident of Village- Jankipur, P.S. Amarpur, DistrictBanka through under Guardianship of father.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Nandad Prasad, Adv. For the State : Mr. Shyameshwar Dayal, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 26-06-2018 The juvenile/petitioner is in remand home since 06.10.2017 in connection with Amarpur P.S. Case No. 487 of 2017, which has been instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act, 1959.
The juvenile/petitioner was found to be moving in a suspicious circumstance and on his being arrested, a country made pistol with two live cartridges was recovered from his possession.
Learned counsel for the petitioner has submitted that his implication in the present case is only
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based on suspicion and nothing has been recovered from his possession. The recovery which has been shown on the records is sham. That apart, it has further been submitted that the age of the petitioner is 14 years and 2 months and there is no basis for the court below to have adjudged that the release of the juvenile/petitioner from the remand home would bring him in bad company.
It has also been submitted that the father of the juvenile/petitioner is ready to take good care of his son, in case he is released from the remand home.
Considering the aforesaid facts, the juvenile/petitioner is directed to be released from the remand on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Banka in connection with Amarpur P.S. Case No. 487 of 2017.
One of the bailors shall be the father of the juvenile/petitioner, who, at the time of filing of the bond, shall give an undertaking that he will take good care of the juvenile/petitioner and in case the juvenile/petitioner avoids paying heed to his advice, he would report the matter forthwith to the Officer-In-Charge of the concerned
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police station.
The revision petition is, accordingly, allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the revision petition for bail of a juvenile accused under the Arms Act should be allowed.
Ravindra Kumar Yadav
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
