IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6805 of 2011 SANJAY RAI SON OF LATE BHOLA RAI RESIDENT OF VILLAGE- CHIKNAUTA, P.S. HAZIPUR TOWN, DISTRICT- VAISHALI. Versus THE STATE OF BIHAR ----------- 2. 25.03.2011 Heard learned counsel for the petitioner and the State. The petitioner is in custody in relation to Hazipur Town P.S. Case No. 624 of 2010 instituted under sections 380,457 and later on Section 411 of the Indian Penal Code was added. It is alleged in the First Information Report that informant’s mobile shop was broken in the night and new mobile sets were stolen. In course of investigation, one Akash Giri was arrested. On behalf of the petitioner, it is submitted that petitioner is about 15 years old and a student of class-VIII. In my view, if this is correct then petitioner is a juvenile and has to be proceeded against in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000 before the provisions of the Juvenile Justice (Care and Protection of Children) Act can be applied the age has to be ascertained. I, therefore, remand this matter to the learned Chief Judicial Magistrate, Hazipur, Vaishali to look into the 2 matter and immediately enquire about the age of the petitioner and if he is found to be minor, he shall be given the benefit under the provisions of the Juvenile Justice (Care and Protection of Children) Act 2000. In case, he is not found to be a minor, petitioner, above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazipur, Vaishali in connection with Hazipur Town P.S. Case No. 624 of 2010, after charges are framed. This application is accordingly, disposed of. Devendra/ (Navaniti Prasad Singh, J.)