IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12830 of 2009 MD.PARWAZ, son of Md. Ahsan, resident of Mohalla- Magardahi Ward No.19, P.S. Nagar Samastipur, District- Samastipur. Versus STATE OF BIHAR ----------- 2/ 20.05.2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in a case instituted under section 399, 402 of the Indian Penal Code and 25(1-B) A/26/35 of the Arms Act. Allegation is that petitioner along with others was caught on spot and a Nokia mobile phone was recovered from his possession. A certificate was produced on behalf of the petitioner to show that the petitioner is a minor. The court below ought to have sent the petitioner to the Medical Board for determination of his age. In any event, the petitioner has remained in custody for about eleven months for the alleged offence. Considering the aforesaid aspect, petitioner named above 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 the Additional Sessions Judge, FTC IV, Samastipur, in connection with Samstipur (Town) P.S. case no. 311 of 2008 arising out of S.T. No.690 of 2008. At the time of release of the petitioner by the court below, the petitioner would be produced from the jail custody and if the court below considers that the petitioner appears to be a minor then the court - 2 - below may refer him to the Medical Board for determination of his age after the petitioner is released on bail. JA/- (Sheema Ali Khan, J.)