Babul Kumar vs The State Of Bihar
2023 Latest Caselaw 1122 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL REVISION No.121 of 2023
   Arising Out of PS. Case No.-186 Year-2022 Thana- GWALPARA District- Madhepura
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Babul Kumar Son of Nawal Kishore Yadav @ Nawal Yadav Under Legal Guardianship of Her Mother Namely Sangita Devi, R/O Vilage- Maharajganj, Ward No.15, P.S.- Gwalpara (ARAR O.P.), District- Madhepura

... ... Petitioner/s Versus The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Respondent/s : Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 22-03-2023

Present revision application has been filed against

order dated 21.01.2023 passed by learned Ist Additional

Sessions Judge-cum-Children Court, Madhepura in Cr. Appeal

No. 46 of 2022 arising out of Gwalpura Police Station Case No.

186 of 2022 lodged under Sections 25(1-B)A, 26, 35 Arms Act.

Counsel for the petitioner submits that the name of

the petitioner has figured in this case only on suspicion, as the

police conducted raid on the secret information, where

petitioner was arrested. Counsel submits that from the F.I.R. it

transpires that there are three named accused persons. Counsel

further submits that there is a gross violation of Section 100 of

Cr.P.C. at the time of seizure. Recovery of arms has taken place

from the possession of the petitioner. Counsel for the petitioner Patna High Court CR. REV. No.121 of 2023 dt.22-03-2023

submits that petitioner was declared juvenile and subsequently,

he was put in observation home established under J.J.B. Act. His

father is ready to give undertaking about his son. Counsel

submits that in the order dated 17.11.2022, the report of S.I.R.

has also been taken into consideration. Counsel submits that the

seizure list is absolutely defective and it is prepared in gross

violation of Section 100 of Cr.P.C. Counsel submits that the

mother and the father are ready to give their undertaking about

the career of their son.

In the present facts and circumstances of this case

and the submissions made above, let the petitioner above

named, be granted bail on furnishing the undertaking from the

father and the mother both, to look after their son. It is also be

directed to the petitioner and his father that they shall visit every

month periodically before the Probation Officer.

With the aforesaid direction, order dated

21.01.2023 passed by learned Ist Additional Sessions Judge-

cum-Children Court, Madhepura in Cr. Appeal No. 46 of 2022,

arising out of Gwalpura Police Station Case No. 186 of 2022 is

hereby set-aside.

Patna High Court CR. REV. No.121 of 2023 dt.22-03-2023

(Dr. Anshuman, J.) ashishsingh/-

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