Patna High Court
Md. Arman @ Arman @ Md. Arman Khan vs The State Of Bihar on 10 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.27 of 2021
Arising Out of PS. Case No.-320 Year-2020 Thana- GAYA KOTWALI District- Gaya
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Md. Arman @ Arman @ Md. Arman Khan (Male), aged about 17 years, s/o
Md. Jamil Khan @ Jamil Khan @ Kallu Khan @ Lallu Khan r/o Mohalla
Mourya Ghat, P.S-Kotwali, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate with
Mr. Anuj Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 10-06-2021
The matter has been heard via video conferencing.
2. The matter has been taken up after being specially
notified under orders of Hon'ble the Chief Justice.
3. Heard Mr. Yogesh Chandra Verma, learned senior
counsel along with Mr. Anuj Kumar, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
4. The present Revision Application is directed against
the order dated 28.11.2020 passed by the Special Judge
(Children Court), Gaya in Criminal (Juvenile)- 59 of 2020 (CIS)
by which the prayer for bail of the petitioner has been rejected.
Patna High Court CR. REV. No.27 of 2021 dt.10-06-2021
5. The allegation against the petitioner is that he, along
with five other co-accused, had assembled near the bank of
Falgu river, planning to commit crime, the firearm of co-
accused, Md. Firoz, while being checked by co-accused, Md.
Ibrahim, misfired and hit the leg of co-accused, Md. Ekram and
people of nearby area upon hearing sound of gunshot had come
and taken the injured to hospital for treatment and thereafter the
police had come and on the basis of disclosure by Md. Ekram,
had gone to the spot and arrested the other four co-accused,
including the petitioner and there was recovery of bullet from
Md. Firoz and Md. Ibrahim and further that on the basis of
information given by Md. Firoz, there was recovery of one
countrymade pistol which was buried in a black plastic bag
under the sand.
6. Learned counsel for the petitioner submitted that he
is a juvenile and even if the allegation is taken to be true at face
value, he is neither the person who had firearm with him nor is
the person who had fired nor was the person who has hit by
firearm. It was submitted that the petitioner being the juvenile
and also accepted by the Court below to be a juvenile, is in
custody since 09.09.2020. Learned counsel submitted that co-
accused Md. Ekram and Md. Firoz have been granted bail in Cr.
Patna High Court CR. REV. No.27 of 2021 dt.10-06-2021
Misc. No. 358 of 2021 by order dated22.02.2021 and Cr. Misc.
No. 8296 of 2021 by order dated 27.05.2021, respectively. It
was submitted that the petitioner has no criminal antecedent.
7. Learned APP submitted that the petitioner was also
part of the gang which had assembled to commit crime.
However, it was not controverted that there has been neither any
recovery from the petitioner nor there is any allegation of
having used any firearm.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Juvenile Justice
Board, Gaya in Gaya Kotwali PS Case No. 320 of 2020, subject
to the conditions (i) that one of the bailors shall be a close
relative of the petitioner, (ii) that the petitioner and the bailors
shall execute bond and give undertaking with regard to good
behaviour of the petitioner, (iii) that the guardians and bailors
shall also undertake that the petitioner shall not be allowed to
get into any company which may bring him in contact with any
anti-social element and (iv) the petitioner shall co-operate with
the Juvenile Justice Board, Gaya and the police/prosecution.
Patna High Court CR. REV. No.27 of 2021 dt.10-06-2021
Any violation of the terms and conditions of the bonds or the
undertaking or non co-operation shall lead to cancellation of his
bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Juvenile Justice Board, Gaya, which shall take
immediate action on the same after giving opportunity of
hearing to the petitioner.
10. The Revision Application stands allowed in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
