IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.23 of 2011 GAUTAM KUMAR S/O- SRI KEDAR SINGH, R/O- VILLAGE LOHIYA NAGAR, P.S.- TOWN, DISTRICT- BEGUSARAI THROUGH FATHER AND GUARDIAN KEDAR SINGH. Versus THE STATE OF BIHAR For the petitioner : Mr. A.K. Thakur. Advocate Mrs. Babita Kumari, Advocate For the State : Mr. Pradeep Narain Kumar, APP 2 13.01.2011 Petitioner who has been declared juvenile in conflict with law, is aggrieved by the order dated 2.12.2010 passed by the District and Sessions Judge Begusarai on his appeal being Cr. Appeal No. 105/2010 whereby on a consideration of the materials on record, prayer for bail was refused. While rejecting the prayer, learned appellate Court has observed as under: “Learned Juvenile Board was of the view that his release on bail would frustrate the ends of justice and is likely to expose him moral, physical and psychological danger. Fact cannot be lost sight of that this is a case of heinous and gruesome murder of minor son of the informant for no strong motive for that it comes into category of Callousness on the part of the author of the crime including juvenile- appellant whose complicity has been found by way of dying declaration of the deceased before his mother, the informant who claims to have seen all the three named accused including juvenile- appellant fleeing from the scene of the occurrence along with two named co-accused showing their criminal propensity, association and involvement with known criminal“ Petitioner is facing charge punishable under Section 302 of Indian Penal Code. As per allegation in the First Information Report, he along with some of his associates took the victim who was his friend and thereafter it is the allegation that he was stabbed to death. Materials collected in course of - 2 - investigation supported the prosecution case. Learned counsel for the petitioner while assailing the order submits that the report of the Probation Officer was called for wherefrom it transpired that there is chance of reformation. It is next contended that there is no criminal antecedent of the petitioner who is in remand home/custody since 22.5.2010. From the materials on record, it can be seen that petitioner was found in association/company of other accused persons and the offence was committed by the said group of persons. There is already dying declaration on record which implicate the petitioner. Considering the manner in which the occurrence was committed and the attending facts of the case, this Court, for the present, is not inclined to interfere with the impugned order and to set him on liberty. This Court finds itself in agreement with the observation made by the appellate Court refusing prayer for bail. As noticed above, petitioner is in custody since 22.5.2010. In that view of the matter, this Court observes that let the Court below endeavour to take up the trial expeditiously. The application is dismissed at this stage. pkj (Kishore K. Mandal, J)