IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.288 of 2021

Arising Out of PS. Case No.-83 Year-2020 Thana- MAGADH MEDICAL COLLEGE

District- Gaya

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XX

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Ashok Kumar, Advocate

For the Respondent/s

:

Mr. Ram Narayan Rai, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2

21-06-2021

Heard learned counsel for the petitioner and learned

A.P.P. for the State through video conferencing.

Though the petitioner has given full description in the

application, it would be inappropriate to disclose his identity in

view of section 74 of the Juvenile Justice (Care and Protection

of Children) Act, 2015. Thus, he is being referred to in the cause

title as XX.

The application has been preferred under the Juvenile

Justice (Care and Protection of Children) Act, 2015 against the

order dated 4.2.2021 passed in Cr. Appeal No. 59 of 2020 by the

learned Special Judge, Children Court, Gaya whereby the appeal

was dismissed affirming the order dated 23.11.2020 passed by

the Juvenile Justice Board, Gaya in Misc. Case No. 155 of 2020

arising out of Magadh Medical P.S. Case No. 83 of 2020

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registered under sections 25(1-B)(a) and 26 of the Arms Act.

As per allegation in the F.I.R., on secret information

having been received, a raid was conducted and on disclosure of

the petitioner, a pistol was recovered.

It is submitted by learned counsel for the petitioner that

the allegation as levelled in the F.I.R. are false and incorrect and

the petitioner who was declared a Juvenile by order dated

22.5.2020 (Annexure-2) has been falsely implicated in the case.

He has been in custody since 4.5.2020 and has no criminal

antecedent.

The application is opposed by learned A.P.P. appearing

for the State.

Having heard learned counsel for the parties and taking

into consideration the petitioner having been declared a juvenile

by the above mentioned order and having remained in juvenile

home for over one year, the Court is inclined to allow the instant

application. The application is allowed and the order dated

4.2.2021 passed in Cr. Appeal (Juvenile) No. 69 of 2020 passed

by the learned Special Judge, Children Court, Gaya and the

order dated 23.11.2020 of the Juvenile Justice Board, Gaya in

Misc. Case No. 155 of 2020 are hereby set aside.

It is directed that on the undertaking given by his father,

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the petitioner shall be enlarged on bail in connection with

Magadh Medical P.S. Case No. 83 of 2020 on furnishing bail

bond of Rs.5,000/ (Rupees Five Thousand) with two sureties of

the like amount each to the satisfaction of the learned Juvenile

Justice Board, Gaya.

Bibhash

(Partha Sarthy, J)

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