IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3183 of 2011 SONU KUMAR Versus THE STATE OF BIHAR ----------- 02/ 25.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Office has reported that bail rejection order on merit is wanting. It would appear from perusal of the record that petitioner has been made accused in Lakhisarai P.S. Case no.298/2009/ GR no. 655/2009 for the offences under sections 392 and 411 of the IPC. It would further appear that the petitioner claimed himself juvenile before the learned CJM, Lakhisarai who sent the case record of the petitioner to the court of Juvenile Justice Board, Lakhisarai where an enquiry in respect of juvenility of the petitioner is still pending. In the meantime, petitioner filed a bail petition before the Juvenile Justice court, Lakhisarai who rejected prayer for bail of the petitioner on merit. Subsequently, petitioner filed bail petition no. 682 L/2010 which was dismissed by the learned Addl. Sessions Judge, Lakhisarai holding that above stated bail application is not maintainable and petitioner ought to have filed appeal under the provision of Juvenile Justice Act and after the aforesaid order, petitioner has filed this criminal miscellaneous case before this court. In my view, bail prayer of the petitioner has not been considered as yet on merit by a competent court and the petitioner ought to have filed bail petition before the learned CJM, Lakhisarai and the learned CJM, Lakhisarai has got jurisdiction to dispose of the bail petition of the petitioner till his declaration of juvenile. Accordingly, this criminal miscellaneous case stands dismissed being not maintainable. However, the petitioner may file his bail petition before the learned CJM, Lakhisarai who shall consider and dispose of regular bail petition of the petitioner on its own merit after calling for the record from the concerned court, if petitioner has not been declared juvenile as yet by the competent court. shahid (Hemant Kumar Srivastava,J)