Aman Kumar vs The State Of Bihar
2023 Latest Caselaw 2124 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL REVISION No.53 of 2023
  Arising Out of PS. Case No.-118 Year-2022 Thana- BHAGWANPUR District- Begusarai
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Aman Kumar Son of Bipin Choudhary @ Bipin Kumar Choudhary, R/v- Dadpur, P.S.- Bhagwanpur, District- Begusarai being child in conflict of law represented through his father Bipin Kumar Choudhary, S/o Ramagya Choudhary, R/v- Dadpur, P.S.- Bhagwanpur, District- Begusarai

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

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

For the Petitioner/s : Mr. Sunil Kumar Sharma, Adv. For the Respondent/s : Mr. Umeshanand Pandit, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 04-05-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The present Cr. Revision Application has been filed

against the order dated 18.11.2022 passed by learned 1 st

Additional Sessions Judge-cum-Special Judge Children's Court,

Begusarai in Cr. Appeal No. 58 of 2022 and the order dated

02.09.2022 passed by learned Juvenile Justice Board, Begusarai

in J.J.B. Case No. 199 of 2022 arising out of Bhagwanpur P.S.

Case No. 118 of 2022 lodged under Sections 25(1-B)a/26 of the

Arms Act pending vide G.R. No. 1997 of 2022.

Learned counsel for the petitioner submits that

from the contents of F.I.R., it transpires that the recovery of one Patna High Court CR. REV. No.53 of 2023 dt.04-05-2023

desi katta with one live cartridge were made. He further submits

that the petitioner was declared juvenile and he was assessed on

the date of occurrence as 16 years, 3 months and 7 days.

Learned counsel submits that the petitioner is behind the bar

with effect from 23.06.2022 but produced before the J.J.B. on

23.07.2022, as such, the total period during which he gone

behind bar is about 10 and ½ months. Learned counsel further

submits that the presumption of innocence is in favour of the

juvenile. He also submits that the father of petitioner is ready to

take surety of his son and also ready to not to expose to moral,

physical and psychological danger. Father of the petitioner

assures to this Court that he shall do all the needful so that

petitioner shall not involve in any offence in future.

Considering the allegation and upon going through

the Social Investigation Report as well as Social Background

Report and particularly in the light of undertaking given by the

father of petitioner, I am of the view that petitioner should be

released from observation home with condition that father of

petitioner shall file undertaking that he shall take care of

petitioner and petitioner shall not involve in any commission of

crime in future.

Condition is hereby also imposed that the petitioner Patna High Court CR. REV. No.53 of 2023 dt.04-05-2023

alongwith his father shall periodically visit before the

Probationer Officer twice in a month.

With this observation, the present Cr. Revision

Application stands allowed and the order dated 18.11.2022

passed by learned 1st Additional Sessions Judge-cum-Special

Judge Children's Court, Begusarai in Cr. Appeal No. 58 of 2022

and the order dated 02.09.2022 passed by learned Juvenile

Justice Board, Begusarai in J.J.B. Case No. 199 of 2022 arising

out of Bhagwanpur P.S. Case No. 118 of 2022 (G.R. No. 1997

of 2022) are hereby set-aside.

(Dr. Anshuman, J.) Ritik/-

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