IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49449 of 2008 GAUTAM YADAV S/O-Mangal Yadav, R/O-Vill-Jagnandanpur, P.S.-Rahui, Distt.-Nalanda. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 24.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Petitioner is named as accused in the FIR of Rahui P.S. Case No. 95 of 2003. The FIR has been instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It is submitted by the petitioner’s counsel that at the time of occurrence, the petitioner was a minor boy of twelve and a half years old. The police submitted final form in the year 2004. However, cognizance was taken by the Magistrate against the petitioner as well as other accused persons. Other accused persons faced trial and they have been acquitted. So far this petitioner is concerned; he neither surrendered nor filed any application for declaration of the juvenility. After so many years, for the first time, he has filed application for grant of anticipatory bail. Considering the fact that the plea of juvenility has been taken, prayer for anticipatory bail under the provisions of Section 438 Cr. P. C. cannot be considered. Petitioner should file an application before the Magistrate for holding an enquiry as provided under Juvenile Justice (Care and Protection of Children) Act 2000 for deciding his juvenility. In case petitioner’s claim to be a juvenile is found to be correct, his case will be considered in accordance with law. Kundan (Mridula Mishra, J.) - 2 -