Shyam Kumar @ Laddu Yadav vs The State Of Bihar
2023 Latest Caselaw 1097 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.479 of 2022
       Arising Out of PS. Case No.-2 Year-2022 Thana- DHANSOI District- Buxar
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Shyam Kumar @ Laddu Yadav (addressed as CICL "X" hereinafter) Son Of Birendra Yadav, Resident Of Village - Diliyan, P.S.- Sasaram (T), District - Rohtas.

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

For the Petitioner/s : Mr. Om Prakash Upadhyay, Advocate For the Respondent/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-03-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

The present criminal revision application has been filed

for release the CICL "X" (petitioner) on bail after setting aside

the order dated 21.05.2022 passed in Cr. Appeal No. 16 of 2022

as well as order dated 25.03.2022 passed in J.J.B. Case No. 634

of 2022 arising out of Dhansoin P.S. Case No. 02 of 2022.

Counsel for the petitioner submits that from the content of

the F.I.R., it transpires that police upon secret information that

accused persons are planning for commission of crime, has raid

in which total four persons were apprehended including the

present petitioner from whose possession one country made

pistol and six cartridges have been recovered. Counsel further

submits that the petitioner is apprehended since 04.01.2022 and Patna High Court CR. REV. No.479 of 2022 dt.21-03-2023

he continue in the observation home for last more than one year.

Counsel further submits that the principle jurisprudence of child

is that principle of presumption of innocence shall be in favour

of the petitioner. He also submits that principle of best interest

be also in favour of the child.

In this view of the matter that petitioner is in custody

since more than one year and also resided in observation home,

the juvenile child is directed to be released at once from the

observation home. The family member father and mother shall

take care of their child so that he may not commit mistake in

future.

With this direction, the present Cr. Revision application is

allowed and the order dated 21.05.2022 passed in Cr. App. No.

16 of 2022 by the learned Additional District and Sessions

Judge-Ist-cum-Special Judge (SC/ST & Children Court), Buxar

as well as order dated 25.03.2022 passed by learned Juvenile

Justice Board, Buxar in J.J.B. Case No. 634 of 2022 arising out

of Dhansoin P.S. Case No. 02 of 2022 is hereby set aside.

(Dr. Anshuman, J.) ravishankar/-

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