In a criminal revision for bail, the High Court refused to grant regular bail to a juvenile petitioner in a murder case. The court, considering the probation officer's report on the need for guidance and the recovery of illicit money, declined the relief.
Bail in F.I.R. No.62 of 2019, Nalanda District, was refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.903 of 2019
Arising Out of PS. Case No.-62 Year-2019 Thana- LAHERIMUHALLA District- Nalanda
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MOHMAD ALTAMASH Male aged about 14 years S/o Aftab Alam R/o village- Bhusatta Pul par, Biharsharif, P.S.- Bihar, District- Nalanda, Minor son of Aftab Alam, through his mother namely Shagufta Khatoon, under natural guardianship, R/o village- Pakki Talab, Biharsharif, P.S.- Bihar, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kishor Prasad For the Respondent/s : Mr.Dilip Kumar No. 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
This matter is taken up for consideration through Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and Sri Dilip Kumar No. 1, learned A.P.P. for the State.
The present criminal revision application has been filed for grant of regular bail to the petitioner in Juvenile Criminal Appeal No. 18 of 2019, arising out of J.J.B. No. 97 of 2019, in connection with Laheri P.S. Case No. 62 of 2019, G.R. No. 679 of 2019, registered for the offence under Sections 302, 120B/34 of the Indian Penal Code.
The prosecution case, as per F.I.R., is that on
Patna High Court CR. REV. No.903 of 2019(4) dt.22-05-2020 2/3
08-02-2019 at about 10:00 PM, the brother of the informant had gone out of his house, but he did not return. In the next morning, two boys of the village informed the informant that his brother, after killing, has been thrown on the bridge. Thereafter, the informant went there, but he came to know that the police had taken away the brother of the informant to Sadar Hospital, Biharsharif. The informant thereafter reached Sadar Hospital, the doctor referred the injured to PMCH, Patna, where the doctor declared him dead.
It is submitted by learned counsel for the petitioner that petitioner is juvenile and he has not been named in the F.I.R. His name has come during investigation only on the confessional statement of the co-accused. Save and except this, there is nothing against the petitioner.
However, learned Addl. Public Prosecutor has opposed the prayer for bail and submits that petitioner’s name has come on the confessional statement of co-accused Md. Imran. Learned A.P.P. further submits that the booty amount of Rs. 10,000/- (ten thousand), given to the petitioner, has already been recovered from the house of the petitioner, as per his indication. This fact has been stated in paragraph 39 of the case diary.
Patna High Court CR. REV. No.903 of 2019(4) dt.22-05-2020 3/3
As per probation report of the Probation Officer, it is evident that the petitioner is required regular advice and guidance.
Considering the aforesaid facts and circumstances as well as report of the Probation Officer, I am not inclined to grant bail to the petitioner.
The criminal revision application stands dismissed.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether regular bail should be granted to a juvenile petitioner in a murder case where recovery of booty amount has occurred.
Mohmad Altamash
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
