Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.432 of 2012 ====================================================== Ganesh Yadav @ Ghurahu Yadav, son of late Baleshwar Yadav, resident of Vill. Naya Bazar Road No. 5, Police Station Buxar (T), Distt. Buxar under guardianship of his cousin brother Sri Bhagawan Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rang Nath Choubey, Advocate For the Opp. Party.s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 19-04-2012 Heard learned counsel for the petitioner and 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 such prayer was rejected by the Juvenile Justice Board, Buxar on 14.02.2012 in J.J.B. No. 330 of 2012. The appeal was also dismissed on 03.04.2012 by the District and Sessions Judge, Buxar in Cr. Appeal (J.J.B.) Case No. 17 of 2012. The petitioner is an accused along with other persons in Buxar (T) P.S. Case No. 168 of 2011 dated 05.06.2011 registered for offence under [STATUTE] and Section 27 of the Arms Act. Patna High Court CR. REV. No.432 of 2012 (2) dt.19-04-2012 2 Learned counsel for the petitioner submits that though there is allegation of firing against the petitioner but no recovery has been made from him and no person has been injured and accordingly, the police have not submitted chargesheet under the Arms Act. It is further submitted that the informant and the petitioner are co-villagers and there is past enmity. It is also submitted that the petitioner was made an accused in a case which was lodged against unknown persons only on the basis of suspicion and besides that case the petitioner has no other criminal antecedent. In the said case also, he has been granted bail by this Court on 13.03.2012 in Cr. Rev. No. 296 of 2012. The case in reference was Buxar (T) P.S. Case No. 182 of 2011. Learned counsel submits that the petitioner has been declared to be a juvenile and deserves to be released on bail. Considering the facts and circumstances of the case, let the petitioner namely, Ganesh Yadav @ Ghurahu Yadav 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, Buxar in connection with Buxar (T) P.S. Case No. 168 of 2011. One of the bailors shall be the cousin brother of the petitioner who has also affirmed the affidavit in the present Patna High Court CR. REV. No.432 of 2012 (2) dt.19-04-2012 3 application. Both the petitioner and the said cousin brother, who will be the bailor, shall also execute a bond of good behaviour before the court concerned with an undertaking that he shall not be involved in any criminal activity. Any violation of the terms shall lead to automatic cancellation of bail in the present case. The petitioner shall physically present himself before the Probation Officer, Buxar at least once a month and also as and when directed by him. The Probation Officer, Buxar shall maintain strict supervision over the petitioner. The orders dated 03.04.2012 passed in Cr. Appeal (J.J.B.) Case No. 17 of 2012 by the District and Sessions Judge, Buxar as well as order dated 14.02.2012 passed in J.J.B. No. 330 of 2012 by the Juvenile Justice Board, Buxar are hereby set aside. This application, accordingly, stands disposed off. Anjani/- (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.