Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.426 of 2012 ====================================================== Lal Babu Mian, son of Md. Abbas, resident of Vill. Harpur Parsa, P.S. Parsa, Distt. Saran under the guardianship of his father Md. Abbas. .... .... Petitioner/s Versus The State Of Bihar. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 18-04-2012 Learned counsel for the petitioner and learned A.P.P. for the State are present. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected on 02.12.2011 by the Juvenile Justice Board, Saran in Juvenile Trial No. 82 of 2011, Juvenile Enquiry No. 279 of 2011 arising out of Garkha P.S. Case No. 61 of 2011 dated 08.05.2011 under [STATUTE] . The appeal was also dismissed by order dated 23.03.2012 passed by the Sessions Judge, Saran at Chapra in Cr. (Juvenile) Appeal No. 17 of 2012. Learned counsel for the petitioner submits that his age has been assessed to be about 15 years on the date of occurrence and he has been falsely implicated in the case due to enmity. It is Patna High Court CR. REV. No.426 of 2012 (2) dt.18-04-2012 2 further submitted that the petitioner is not named in the F.I.R. and only on the confessional statement of co-accused namely, Sanni Ansari before the police he has been made an accused in the present case and four other cases. Prior to this he had no criminal antecedent. With regard to the other cases, it is stated that in two he has already been granted bail by the courts below and with regard to other three including the present one, he has moved before this Court. Learned counsel submits that the petitioner has neither been put on Test Identification Parade nor has there been any recovery either from his conscious or otherwise possession. The petitioner is in remand home since 25.05.2011. Considering the facts and circumstances of the case, let the petitioner be released on bail on 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, Saran in Juvenile Trial No. 82 of 2011, Juvenile Enquiry No. 279 of 2011 arising out of Garkha P.S. Case No. 61 of 2011. One of the bailors should be the father of the petitioner. Both the petitioner as well as the father shall also execute a bond of good behaviour before the court concerned with an undertaking that the petitioner shall not indulge in any criminal activity. Any violation of the said terms shall lead to automatic cancellation of Patna High Court CR. REV. No.426 of 2012 (2) dt.18-04-2012 3 bail granted to the petitioner in the present case. The petitioner shall physically present himself before the Probation Officer, Saran at least once a month and also as and when directed by him. The Probation Officer, Saran shall maintain strict supervision over the petitioner. The orders dated 23.03.2012 passed in Cr. (Juvenile) Appeal No. 17 of 2012 by the Sessions Judge, Saran as well as order dated 02.12.2011 passed in Juvenile Trial No. 82 of 2011, Juvenile Enquiry No. 279 of 2011 by the Juvenile Justice Board, Saran are hereby set aside. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 394

Statute Text:
Section 394 of the Indian Penal Code. Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.