Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.37 of 2012 Dharmendra Kumar Chourasiya @ Biki Kumar son of Bindhyachal Prasad Chourasia, resident of village- Pandeypatti, P.S.-Buxar(M), District- Buxar under the guardianship of his father namely Bindhyachal Prasad Chourasiya. ……… Petitioner Versus The State of Bihar …. Opposite Party. ---------------------------------- 2 10.01.2012 Heard Mr. Rang Nath Choubey, Learned counsel for the petitioner and Mr. Zainul Abedin, learned A.P.P. for the State. 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 the prayer for bail was rejected by order dated 25.10.2011 passed by the Juvenile Justice Board, Buxar in J.J.B. case No.315 of 2011 and the Appeal filed by the petitioner was also dismissed by order dated 12.12.2011 passed by the Sessions Judge, Buxar. The petitioner has been apprehended in connection with Buxar (T) P.S. Case No. 182 of 2011 under [STATUTE] . Learned counsel for the petitioner submits that as per FIR, which has been lodged against unknown persons, the allegation is that 8 to 10 unknown persons in the age of group of 20 to 30 years committed the crime whereas the petitioner has been found to be about 15 and a half years old. Learned counsel submits that only on the ground that neither the petitioner has been put to TIP nor any witnesses have 2 named the petitioner, he should be enlarged on bail. Learned counsel also submits that the petitioner has clean antecedent which has been stated at para-13 of the petition. Learned counsel states that the petitioner is in custody since 3.7.2011. Considering the facts and circumstances of the case, let the petitioner be released on bail upon furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Buxar in connection with J. J. B. Case No. 315/2011. One of the bailors should be the father of the petitioner, who shall execute a bond before the Juvenile Justice Board, Buxar with regard to good behaviour of the petitioner. The petitioner shall also physically present himself at least once a month before the Probation Officer, Buxar and also as and when directed by the Probation Officer, Buxar, who shall maintain strict supervision over the petitioner. The application stands disposed off. Sudha (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 395

Statute Text:
Section 395 of the Indian Penal Code. Dacoity. Whoever commits dacoity 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.