Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No. 296 of 2012 ====================================================== Ganesh Yadav @ Ghurahu Yadav Son of Late Baleshwar Yadav, resident of Mohalla- Naya Bazar, Road No. 5, P.S. Buxar (T), District- Buxar. .... .... 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. 13-03-2012 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 by order dated 16.12.2011 and the appeal was also dismissed by the District and Sessions Judge, Buxar in Criminal Appeal (J.J.B.) Case No. 03/2012. The petitioner has been arrested in connection with Buxar (T) P.S. Case No. 182 of 2011 under [STATUTE] . Learned counsel for the petitioner submits that the F.I.R. was alleged against unknown persons in which the allegation is that 8 to 10 unknown persons in the age group of 20 to 30 years committed the crime. He submits that the petitioner was juvenile on the date of Patna High Court CR. REV. No.296 of 2012 (2) dt.13-03-2012 2 / 3 2 occurrence as has been held by the Juvenile Justice Board. Learned counsel submits that in view of the fact that the F.I.R. was against unknown persons, upon the petitioner being arrested, he ought to have been put on T.I. parade to ascertain as to whether he was also the person who has committed such crime. In the absence of the same, it is submitted, that the petitioner deserves the privilege of bail. The petitioner is in custody since 12.08.2011. Learned counsel for the petitioner has drawn the attention of this Court to various orders by which similarly situated co-accused have been granted bail by this Court. The same are at Annexures 2 to 5 which are the orders passed in Cr. Misc. No. 34332 of 2011 dated 13.10.2011, Cr. Misc. No. 42060 of 2011 dated 20.12.2011, Cr. Misc. No. 20 of 2012 dated 04.01.2012 and Cr. Misc. No. 37 of 2012 dated 10.01.2012. Considering the facts and circumstances of the case, let the petitioner namely, Ganesh Yadav @ Ghurahu Yadav 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 Juvenile Justice Board, Buxar in Buxar (T) P.S. Case No. 182 of 2011. One of the bailors should be the cousin brother of the petitioner. Both the petitioner and the said Patna High Court CR. REV. No.296 of 2012 (2) dt.13-03-2012 3 / 3 3 cousin brother, who will be the bailor, shall also execute a bond before the Juvenile Justice Board, Buxar with regard to good behavior with an undertaking that he shall not be involved in any other criminal case. Any violation of the same would automatically lead to cancellation of the bail. The petitioner shall also 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. This application accordingly stands disposed off. Anand Kr. (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.