Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 569 of 2012 ====================================================== Raman Kumar Yadav @ Arpit Anand, Son of Badri Yadav @ Badri Prasad Yadav, resident of Mohalla- Bataraha, Ward No. 25, P.S. Saharsa, District- Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Gaurav Kumar Jha, Son of Bachhan Jha, resident of Kaduma, P.S. Bakhtiyarpur, District- Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sameer Ranjan, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 16-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Learned counsel for the petitioner is permitted to delete the opposite party no. 2 from the list of opposite parties. The present revision application has been filed for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ‘Act’). Earlier such prayer was rejected by the Juvenile Justice Board, Saharsa on 28.02.2012 in G.R. No. 1564 of 2010. The appeal was also dismissed on 29.03.2012 by the Sessions Judge, Saharsa in Cr. Appeal No. 15 of 2012. The petitioner is co-accused in Saharsa P.S. Case No. 410 of 2010 registered for offence under Patna High Court CR. REV. No.569 of 2012 (2) dt.16-05-2012 2 / 4 2 [STATUTE] . Learned counsel for the petitioner submits that the petitioner has been declared to be a juvenile and his age assessed as 16 years 10 months and 11 days on the date of occurrence. The petitioner is in custody since 28.11.2011. Learned counsel submits that though there is allegation that the petitioner gave knife blow in the stomach of the informant but no reason has been assigned. It is further submitted that the occurrence is alleged to have occurred at 7:00 P.M. and thus it is obvious that it was night and the informant could not have properly identified the petitioner. Learned counsel submits that Act being a beneficial legislation, the petitioner is entitled to be released and live with the guardian unless there is compelling circumstances not to do so. In the present case the appellate Court has only gone on the presumption that his release may bring him in association of known or unknown criminals and there is apprehension of moral, physical and psychological danger and that his release would certainly defeat the ends of justice. This, according to learned counsel, is erroneous and not borne out from the materials on record. Learned counsel submits that though there is another case pending against the petitioner but he has been granted bail in the same. Learned counsel has also Patna High Court CR. REV. No.569 of 2012 (2) dt.16-05-2012 3 / 4 3 drawn the attention of this Court to the report of the Probation Officer in which at the end it is mentioned that nothing specific against the petitioner has come from the enquiry and that the ward counsellor has stated that the petitioner is not of criminal character and some of the neighbours have also supported the version. Considering the facts and circumstances of the case, let the petitioner namely, Raman Kumar Yadav @ Arpit Anand be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Saharsa in G.R. Case No. 1564 of 2010 corresponding to Saharsa P.S. Case No. 410 of 2010. One of the bailors shall be the father of the petitioner. Both the petitioner as well as the father shall execute a bond of good behaviour and also give an undertaking that the petitioner would not indulge in any criminal activity. Any violation of the terms and conditions shall lead to automatic cancellation of bail in the present case. The petitioner shall physically present himself before the Probation Officer, Saharsa at least once a month and also as and when directed by him. The Probation Officer, Saharsa shall maintain strict supervision over the petitioner. The order dated 29.03.2012 passed by the Patna High Court CR. REV. No.569 of 2012 (2) dt.16-05-2012 4 / 4 4 Sessions Judge, Saharsa in Cr. Appeal No. 15 of 2012 as well as the order dated 28.02.2012 passed by the Juvenile Justice Board, Saharsa in Saharsa P.S. Case No. 410 of 2010 are hereby set aside. This application, accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.