IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1081 of 2008 JAY PRAKASH KUMAR NIGAM @ JAY PRAKASH KUMAR Versus STATE OF BIHAR ----------- 4 20.5.2009 Heard counsel for the petitioner and the State. The petitioner is aggrieved by order dated 4.8.2008 passed in S.T.No.335 of 2008 arising out of Kazi Mohammadpur P.S. Case No.108 of 2004 by the Addl.Sessions Judge cum F.T.C.No.1, Muzaffarpur by which he has rejected the petition dated 16.6.2008 for transferring the case to the court of Juvenile Justice Board, Muzaffarpur. The learned trial court rejected the petition on two grounds; firstly the charge against the petitioner was framed under sections 363, 366-A and 376 of the Penal Code and secondly the Chief Judicial Magistrate assessed his age to be 22 years on the date of his remand. Learned counsel for the petitioner submits that the petitioner was juvenile on the alleged date of occurrence and in support of his contention he has annexed certificate granted by the Bihar School Examination Board. Learned State counsel opposes the prayer for bail. It is well settled that the plea of juvenility can be taken at any stage. In the instant case the petitioner has annexed matriculation certificate to show that he is a juvenile. In the circumstances, the order dated 4.8.2008 passed by the trial court is 2 KHAN set aside and the matter is remitted back to him to determine the age of the petitioner in accordance with section 49 of the Juvenile Justice Act read with rules 12 framed thereunder. In the result this application is allowed. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)