Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.420 of 2011 Prakash Kumar son of Nageshwar Prajapati, Resident of village: Gobariya,. Police Station: Barachatti, District: Gaya……. Petitioner/Appellant. Versus The State Of Bihar …….. OppositeParty/Respondent. ---------------------------------- 3 10.1.2012 Heard Learned Counsel for the petitioner and learned A.P.P. 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, the prayer for bail of the petitioner had been rejected by the Juvenile Justice Board, Gaya by order dated 22.1.2010 passed by the 1st Additional Sessions Judge, Gaya in Cr. Appeal ( Juvenile) No. (1/2010)/ (24/2010). The petitioner has been taken into custody in connection with Sherghati P.S. Case No. 61/2008 registered under [STATUTE] . Learned counsel for the petitioner submits that the petitioner was not named in the FIR but on the basis of the confessional statement of the sole named accused namely, Kamlesh Paswan, his name appeared and he has been taken into custody. Learned counsel also submits that according to the 2 FIR itself it is alleged that ten to twelve persons in the age group of 25-30 years had committed the offence and since the petitioner has been declared as juvenile being less than seventeen years of age on the date of occurrence, the accusation against the petitioner is falsified. Learned counsel for the petitioner submits that on the basis of that very confessional statement of Kamlesh Paswan, the petitioner has been made accused in various other cases though there is no other evidence against the petitioner. Learned counsel submits that the petitioner is in custody since 29.9.2009 i.e., much more than two years and the main accused namely Kamlesh Paswan has already been released on bail. Earlier the case diary as well as report from the Probation Officer had been called for and the same has since been received. Learned A.P.P. submits that the petitioner has been named as an accomplice by the named accused Kamlesh Paswan and thus he has been proceeded against. From the report of the Principal Probation Officer, Home (Prison) Department, Gaya it transpires that there is no major adverse circumstances or anything against with regard 3 to the petitioner or his family members. It has also been suggested that he can be released under the guardianship of his parents. Considering the facts and circumstances of the case, let the petitioner be released on furnishing bail bond of Rs. 5000/- with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Gaya. One of the bailors should be the father of the petitioner. The petitioner as well as his father shall also execute a bond of good behavior before the concerned court. The petitioner shall also present himself physically before the Principal Probation Officer, Gaya at least once a month and also as and when directed by the Principal Probation Officer, Gaya who shall maintain strict supervision over the petitioner. The application, accordingly, stands disposed off. Sudha (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.