IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.159 of 2009 GOLU THAKUR @ JITENDRA KUMAR @ JITENDRA THAKUR S/O RAM EKBAL THAKUR, R/O VILLAGE-DADAR, P.S. AHIYAPUR, DISTRTICT-MUZAFFARPUR. --PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE HOME COMMISSIONER, BIHAR, PATNA. 2. THE I.G. PRISONS, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 4. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR. 5. THE SUPERINTENDENT OF JAIL, SHAHID KHUDI RAM BOSE CENTRAL JAIL, MUZAFFARPUR. 6. THE SUPERINTENDENT, REMAND HOME, MUZAFFARPUR. --RESPONDENTS For the petitioner : Mr. Radha Mohan Singh For the State : Mr. Dhirendra Kumar (Munna) 2 27.04.2009 Petitioner is accused in various cases. According to the petitioner his date of birth is 17.3.1991. By Annexure-1 he was found by the Juvenile Justice Board, Muzaffarpur that he was a juvenile and he was sent to Remand Home, Muzaffarpur. Subsequently, cases were also filed against him. On petitioner’s crossing the age of eighteen years now he was put in central jail. According to the petitioner, on the date of commission of offence he was a juvenile. Therefore, he can be tried only under the Juvenile Justice Act. It is the case of the State that since he was a 2 juvenile, under eighteen years of age, on the date of offence, he was sent to Remand Home for being tried under the Juvenile Justice Act. Petitioner will be tried under the provisions of that Act. But since he has crossed the age of 18 years his continued stay in remand home may affect the young boy who is in the remand home. Petitioner is accused in nine cases. In the circumstances, I am not inclined to pass any order in this case sitting under criminal writ jurisdiction using discretionary power. The petition is dismissed without prejudice to his other remand. (J.B. Koshy, CJ.) AAhmad