Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.603 of 2012 ====================================================== Prince Yadav @ Rana Yadav, son of Dasrath Yadav @ D.S. Ankit @ Amit Yadav, resident of village- Nayatola, Fulka, P.S. Jamalpur, district- Munger under guardianship of his father Dasrath Yadav @ D.S. Ankit @ Amit yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Chandra, Advocate For the Respondent/s : Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 12-06-2012 Heard Mr. Anil Chandra, learned counsel appearing on behalf of the petitioner and Ms. Pronoti Singh, learned APP appearing for the State. This revision application is directed against the order dated 15.02.2012 passed in Cr. Appeal No.12 of 2012 by the learned Sessions Judge, Munger whereby the learned Judge while dismissing the criminal appeal preferred by the petitioner has been pleased to confirm the order dated 12.12.2011 passed by the Principal Magistrate, Juvenile Justice Board, Munger in G.R. Case No.1580 A of 2009, whereby the prayer for bail of the petitioner has been rejected. The petitioner is in custody in connection with Munger Kotwali P.S. Case No.379 of 2009 for the offences Patna High Court CR. REV. No.603 of 2012 (2) dt.12-06-2012 2 punishable under [STATUTE] , section 27 of the Arms Act and section 3/4 of the Explosive Substances Act. The allegation against this petitioner is of trying to escape from the custody while being produced in connection with other case. The prayer has been contested by the learned State Counsel on the ground that the petitioner is also involved in two other cases pertaining to offences under [STATUTE] . A criminal appeal had earlier been filed by the petitioner giving rise to Cr. Appeal No.107 of 2010 and which was disposed of on 04.11.2010 with a direction to conclude the trial within a period of three months. The order having not been complied, second criminal appeal has been filed which also has been rejected by the impugned order dated 15.02.2012. The only ground that has been assigned is that the case of the petitioner falls within exceptions underlying section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Learned counsel for the petitioner with reference to an order dated 05.01.2010 passed by the Juvenile Justice Board submits that even while the Board has held the Patna High Court CR. REV. No.603 of 2012 (2) dt.12-06-2012 3 petitioner to be a juvenile on the date of occurrence, i.e. 07.09.2009 and even when the petitioner for the offences alleged has remained in custody since 17.09.2009, yet the learned court below has not accepted the prayer of the petitioner and hence the present criminal revision application. Having heard learned counsel for the parties and having perused the materials on record and taking into consideration the fact finding of the Juvenile Justice Board holding the petitioner to be a juvenile on the date of occurrence, i.e. 07.09.2009 as also taking into consideration that for the offences alleged the petitioner has remained in custody since 17.09.2009, let the petitioner, namely, Prince Yadav @ Rana Yadav be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Munger in connection with G.R. Case No.1580 A of 2009 arising from Munger Kotwali P.S. Case No. 379 of 2009. In the result, this criminal revision application is allowed and the orders impugned are set aside. SKPathak/- (Jyoti Saran, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.