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2020 Supreme(Pat) 449

HEMANT KUMAR SRIVASTAVA
Saurav Kumar @ Sahgal Pratap Singh @ Saurav Kumar Singh, S/o. Sushil Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s. Arun Kumar, Shankar Kumar Choudhary.
For the Respondent: Mr. Akhileshwar Dayal, A.P.P., Mr. Manish Kumar 2, A.P.P.
For the Informant : Mr. Ravindra Kumar, Adv.

JUDGMENT :

1. Both the above stated petitions were heard together as petitioner was made accused in Bakhri P.S. Case No. 98 of 2017 registered under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act as well as in Bakhari P.S. Case No. 61 of 2017 registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act. In both the above stated cases petitioner was declared juvenile and enquiry under Section 15(3) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “Act 2015”) was conducted and he was found mentally fit to understand the nature of offences which are allegedly have been committed by the petitioner and accordingly, both the above stated cases were sent to Children’s Family Court, Begusarai for trial in accordance with law.

2. Petitioner prayed for bail in both the above stated cases. However, the learned Additional Sessions Judge-Ist cum Special Judge, Begusarai vide order dated 27.04.2018 passed in J.J.C.P. Case No. 1 of 2018 arising out of Bakhari P.S. Case No. 61 of 2017 rejected the bail application filed on behalf of the petitioner and similarly, vide order dated 11.04.2018 passed in Cr. Appeal No.

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