IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.549 of 2009 ABDUL MANNAN ALAM @ MANI SHA Versus STATE OF BIHAR ----------- 2 30.03.2009 The petitioner is aggrieved by the order of Juvenile Board as well as the appellate court, whereby the prayer for bail has been rejected. It appears from the order of the appellate court that the appellate court in his order has observed that the competent Juvenile Board ought to have made an enquiry before passing appropriate order whether the petitioner is a juvenile or not. Thus, the appellate court held that there was no valid compliance of Section 7 of the Act. Learned counsel for the petitioner submits that learned appellate court has not considered the certificate granted by Bihar School Examination Board, Patna which is annexed as Annexure-3. The State counsel submitted that there has been valid compliance of Section 7 of the Act by the Juvenile Board and there should have been a declaration that he is a juvenile. After hearing the learned counsel for the parties, I agree with the observation of the learned appellate court that there has been no valid compliance of Sub-section 2 of Section 7 of the Act. However, the appellate court ought to have remitted the matter back to Juvenile Board. In view of the aforesaid facts, this case is remitted back to the Juvenile Board for giving a finding whether the petitioner is juvenile or not and will consider all such documents including Annexure 3 annexed to this petition and come to a finding within two - 2 - months from the date of receipt of copy of this order. Thereafter it will be open to the Juvenile Board to pass an order afresh on the prayer of the petitioner. With the aforesaid observations, the order of the learned appellate court is modified to the extent mentioned above. Let this order be communicated through FAX at the cost of the petitioner to the Juvenile Board, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 435 of 2008 corresponding to G.R. Case No. 1377 of 2008. Kundan (S. P. Singh, J.)