Case Facts:
Patna High Court CR. REV. No.103 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.103 of 2012 ====================================================== Deepak Kumar, S/o Sri Vijay Ram, R/o Mohalla - Loco Colony, P.S. Delha, District - Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 2 23-01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This 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, Gaya in connection with Kotwali P.S. Case No. 71 of 2011 by order dated 06.09.2011 and the appeal was also dismissed by order dated 15.11.2011 passed by the Additional District and Sessions Judge 3rd , Gaya in Cr. Appeal (Juvenile) No. 71 of 2011/58 of 2011. The petitioner has been taken into custody in connection with Gaya Kotwali P.S. Case No. 71 of 2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the Patna High Court CR. REV. No.103 of 2012 (2) dt.23-01-2012 petitioner is not named in the First Information Report and three days after the occurrence, he was caught by the police alongwith 15 other persons only on suspicion. It is submitted that the police caught others from whose possession fire arms are also alleged to have been recovered but the petitioner was only caught since he was also standing there, though no recovery either from the possession or from the house of the petitioner has been made. In the other case the petitioner alongwith others was remanded on the ground that they were planning to commit the crime and they were also made accused in the present case only on the ground of suspicion. Learned counsel submits that the petitioner otherwise has clean antecedent and there is noting incriminating against him. Learned counsel further submits that the petitioner having been declared to be juvenile deserves benefit under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. Learned counsel lastly submits that the petitioner is in custody since 01.04.2011 in the other case and in the present case was remanded on 20.04.2011. 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 Patna High Court CR. REV. No.103 of 2012 (2) dt.23-01-2012 each to the satisfaction of the Juvenile Justice Board, Gaya in connection with Kotwali P.S. Case No. 71/2011. 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 before the court concerned. The petitioner shall also physically present himself before the Probation Officer, Gaya at least once a month and also as and when directed by him. The Probation Officer, Gaya shall maintain strict supervision over the petitioner. This application, accordingly, stands disposed off. Let this order be communicated through fax to the court below upon deposition of the requisite fee on behalf of the petitioner. Devendra/- (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.