IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1558 of 2010 ROSHAN CHAUDHARY Versus STATE OF BIHAR For the petitioner :M/s Umesh Chndra Verma & : Manoj Kumar For the State :Mr. Matloob Rab, APP ----------- 02. 29.10.2010 Heard learned counsel for the petitioner and the State. Counsel for the petitioner submits that although the prayer for bail on behalf of the petitioner was refused on few occasions by learned Sessions Judge as well as by this Court, but subsequently he was declared juvenile by Addl. Sessions Judge, F.T.C.III passed in Cr. Appeal No.35/2010 as would appear from the order dated 19.08.2010, passed by J.J. Board, Bettiah. He submits that petitioner continues to incarcerate in connection with the present case since 07.09.2006. It is thus the contention that he has remained in custody for more than three (03) years for which he could have been punished in terms of the provision of the Juvenile Justice (Care & Protection of Children) Act, 2006(hereinafter referred to as the ‘Act’). Learned counsel draws attention of the Court to the order dated 19.08.2010, passed by learned J.J. Board in order to show that his prayer for bail was refused having regard to the fact that on few occasions the superior court had refused him bail on merit. Learned APP, on the other hand, submitted that in view of the provisions of the Act, the petitioner cannot be 2 allowed to remain in custody for more than three years which is the maximum sentence provided under the Act to be awarded on a juvenile in conflict with law. Let the petitioner approach the learned J.J. Board, Bettiah, West Champaran whereafter records shall be verified and if it is found that he has remained in custody for more than three years, then appropriate orders in terms of the Act shall be passed forthwith uninfluenced by earlier orders passed by the superior court as well as this Court on the bail application filed by the petitioner. The application is disposed of with the aforesaid observation/direction. hr ( Kishore K. Mandal )