Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1415 of 2011 ====================================================== 1. Shambhu Sahni @ Shambhu Kumar S/O Bauelal Sahani Resident Of Village- Nonpur, P.S.- Teghra, District- Begusarai.... .... Petitioner/s Versus 1. 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 3 22-02-2012 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 Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected on 30.5.2011 by the Juvenile Justice Board, Begusarai in connection with Birpur P.S. Case No. 11 of 2010. The Criminal Appeal No. 65 of 2011 was also dismissed on 30.7.2011 by the Sessions Judge, Begusarai. The petitioner has been made co-accused in Birpur P.S. Case No. 11 of 2010 dated 22.3.2010 registered under [STATUTE] . Learned counsel for the petitioner submits that the petitioner was arrested in other case by the police and on the basis of suspicion he has been implicated in the present case while there has been no recovery either from his possession or from his house. Patna High Court CR. REV. No.1415 of 2011 (3) dt.22-02-2012 2/3 It is submitted that the petitioner was already in custody in another case and was taken on remand in the present case on 11.3.2011. In other case under the Arms Act being Teghra P. S. Case No. 152 of 2010, the petitioner has already been granted bail and he is on bail in all other cases except the present one. Learned counsel submits that the petitioner has been declared to be juvenile and his age has been assessed as 16 years on the date of occurrence. Learned counsel submits that the petitioner deserves to be given an opportunity to come into the mainstream of the society for which the Court may impose conditions as deemed fit. Earlier by order dated 22.11.2011 the case diary of Birpur P.S. Case No. 11 of 2010 had been called for. The same has since been received and is on record. Learned A.P.P., after going through the case diary, submits that the petitioner does have criminal antecedent and may not be enlarged on bail. Learned counsel for the petitioner by way of reply submits that the Juvenile Justice (Care and Protection of Children) Act, 2000 is a beneficiary legislation giving an opportunity to a juvenile in conflict with law to come in the mainstream of society. There is nothing on record against the petitioner so as to deny him the benefit. Patna High Court CR. REV. No.1415 of 2011 (3) dt.22-02-2012 3/3 Considering the facts and circumstances of the case, let the above named petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Begusarai in connection with Birpur P.S. Case No. 11 of 2010. One of the bailors should be the father of the petitioner. Both the petitioner and the father shall execute a bond with regard to good behavior as well as an undertaking that the petitioner shall not be involved in any criminal activity. Any failure to comply with the terms and conditions of the bond shall lead to automatic cancellation of bail in the present case. The petitioner shall physically present himself before the Probation Officer, Begusarai at least once a month and also as and when directed by him. The Probation Officer, Begusarai shall maintain strict supervision over the petitioner. This application stands disposed off. RPS/- (Ahsanuddin Amanullah, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.