Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 544 of 2012 ====================================================== Pramod Tiwari Son of Ramjee Tiwari Residnet of Post Office Gali, Bhabua, Ward No. 13, Police Station - Bhabua, District - Kaimur At Bhabua. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 15-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. 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. Earlier such prayer was rejected by the Juvenile Justice Board, Kaimur at Bhabua on 17.02.2012 in J. Tr. No. 290 of 2011/262 of 2012. The appeal was also dismissed on 18.04.2012 by the District and Sessions Judge, Kaimur at Bhabua in Cr. Appeal (Juvenile) No. 13 of 2012. The petitioner has been taken into custody in connection with Bhabua P.S. Case No. 535 of 2011 dated 26.12.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that Patna High Court CR. REV. No.544 of 2012 (2) dt.15-05-2012 2 / 3 2 the petitioner has been declared to be a juvenile and his age has been assessed to be at about 14 years and he has no criminal antecedent. It is submitted that the F.I.R. named three other co-accused but not the petitioner. It is also stated that no co-accused has taken the name of the petitioner and he has been arrested only on suspicion on the basis of recovery of a mobile phone which is suspected to be of the deceased though the same has not been proved either by the sim or the IMEI number. Learned counsel submits that the petitioner was caught by the police on the basis of suspicion and because a similar make mobile phone was recovered from his possession, he has been implicated falsely in the case. Learned counsel has brought before this Court the order dated 19.03.2012 passed by a co-ordinate Bench of this Court in Cr. Misc. No. 11322 of 2012, by which a similarly situated co-accused namely, Sonu Kumar Patel has been released on bail. Let the same be kept on record. It is submitted that from the possession of Sonu Kumar Patel a similar mobile was recovered and in his case the named co- accused had also taken his name. He was also not a juvenile. The petitioner is said to be in custody from 29.12.2011. Considering the facts and circumstances of the case, let the petitioner namely, Pramod Tiwari be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) Patna High Court CR. REV. No.544 of 2012 (2) dt.15-05-2012 3 / 3 3 with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Kaimur at Bhabua in J. Tr. No. 290 of 2011/262 of 2012 arising out of Bhabua P.S. Case No. 535 of 2011. One of the bailors should be the father of the petitioner who shall also execute a bond of good behaviour with regard to the petitioner with an undertaking that he shall 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, Kaimur at Bhabua at least once a month and also as and when directed by him. The Probation Officer, Kaimur at Bhabua shall maintain strict supervision over the petitioner. The order dated 18.04.2012 passed in Cr. Appeal No. 13 of 2012 by the District and Sessions Judge, Kaimur at Bhabua as well as the order dated 17.02.2012 passed by the Juvenile Justice Board, Kaimur at Bhabua in J. Tr. No. 290 of 2011/262 of 2012 are hereby set aside. This application, accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.