Patna High Court CR. REV. No.1586 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1586 of 2011 ====================================================== 1. Manish Kumar @ Ramesh Singh @ Mukhiya @ Ramesh Yadav S/O Sri Birendra Singh Resident Of - Govind Dih, Police Station- Piro In The District Of Bhojpur .... .... Petitioner Versus 1. The State Of Bihar .... .... Respondent ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 3 24-01-2012 Heard Mr. Akhileshwar Prasad Singh, learned senior counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. This application is for grant of bail to the petitioner under the provisions of the Juvenile Justice (Care and Protection of Children)Act, 2000. Earlier such prayer was rejected vide order dated 14.10.2011 by the Juvenile Justice Board in J.J.B. Case No. 360 of 2011. The appeal was also dismissed by order dated 19.11.2011 passed by the Sessions Judge, Bhojpur, Ara in Criminal Appeal No. 43 of 2011. The petitioner is an accused in Piro P.S. Case No. 66 of 2011 registered under Section 414 of the Indian Penal Code and Patna High Court CR. REV. No.1586 of 2011 (3) dt.24-01-2012 Sections 25(A)/25(1-B)A/26 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that there is no recovery from the person of the petitioner and it is alleged that upon confessional statement of the co-accused Binay Kumar, fire arm and ammunition was recovered from the house of the petitioner. Learned counsel submits that the petitioner cannot be directly held responsible for the so called recovery from the house since it was not from his conscious possession. Learned counsel further submits that the age of the petitioner has been assessed to be 16 years and three months on the date of occurrence. Learned counsel submits that though the petitioner was earlier made an accused in a case under the Arms Act but is on bail in the same. He submits that the petitioner is in custody since 12.05.2011. Considering the facts and circumstances of the case, let the petitioner, namely, Manish Kumar @ Ramesh Singh @ Mukhiya @ Ramesh Yadav be released on bail upon furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Bhojpur, Ara in connection with J.J.B. Case No. 360 of 2011 arising out of Piro P.S. Case No. 66 of Patna High Court CR. REV. No.1586 of 2011 (3) dt.24-01-2012 2011. One of the bailors should be the father of the petitioner who shall also execute a bond with regard to good behaviour of the petitioner before the court concerned. The petitioner shall also physically present himself before the Probation Officer, Bhojpur, Ara at least once a month and also as and when directed by him. The Probation Officer, Bhojpur, Ara shall maintain strict supervision over the petitioner. Accordingly, this application stands disposed off. Let the order be communicated to the court below through fax upon deposition of the requisite fee on behalf of the petitioner. B.Kr./- (Ahsanuddin Amanullah, J.)