Patna High Court
Case Details
Patna High Court CR. REV. No.185 of 2013 (6) dt.12-04-2013 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.185 of 2013 ====================================================== Munna Mian @ Danis Iqbal, Son of Abbash Mian @ Md. Abbash Mian, resident of village- Harpur Parsa, Police Station- Parsa, District- Saran at Chapra, under guardianship of Abbash Mian @ Md. Abbash Mian, father of the petitioner and guardian. .... .... Petitioner. The State of Bihar Versus .... .... Opposite Party/s ====================================================== with Criminal Revision No.186 of 2013 ====================================================== Munna Mian @ Danis Iqbal, Son of Abbash Mian @ Md. Abbash Mian, resident of village- Harpur Parsa, Police Station- Parsa, District- Saran at Chapra, under guardianship of Abbash Mian @ Md. Abbash Mian, father of the petitioner and guardian. .... .... Petitioner. The State of Bihar Versus
Legal Reasoning
.... .... Opposite Party/s ====================================================== Appearance : (In CR. REV. No.185 of 2013) For the Petitioner/s : Mr. Bindhyachal Singh, Advocate. Mr. Satya Prakash, Advocate. For the Respondent/s : Mr. Rajesh Kumar, A.P.P. (In CR. REV. No.186 of 2013) For the Petitioner/s : Mr. Bindhyachal Singh, Advocate. Mr. Satya Prakash, Advocate For the Respondent/s : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 12-04-2013 The petitioner has filed both criminal revisions under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the order dated 18.12.2012 passed by the Sessions Judge, Saran, in Criminal (Juvenile) Appeal No. 131 of 2012 and Criminal (Juvenile) Appeal No. 130 of 2012, whereby Patna High Court CR. REV. No.185 of 2013 (6) dt.12-04-2013 the learned Sessions Judge, Saran dismissed the aforesaid two criminal appeals preferred by the petitioner affirming the order dated 11.10.2012 passed by the Juvenile Justice Board, Saran rejecting the prayer of the petitioner for bail in connection with Juvenile Enquiry No. 318 of 2012 arising out of Bhagwan Bazar P.S. Case No. 126 of 2012, registered under Sections 25(1-B)a, 26 and 35 of the Arms Act and Juvenile Enquiry No. 319 of 2012 arising out of Bhagwan Bazar P.S. Case No. 125 of 2012 registered under Sections 457, 380 and 120(B)/34 of the Indian Penal Code. Therefore, Criminal Revision No. 185 of 2013 and Criminal Revision No. 186 of 2013 have been heard together and
Decision
being disposed of by this common order. The learned counsel appearing on behalf of the petitioner submits that the petitioner on being declared juvenile was remanded in custody in Chapra Remand Home in Juvenile Enquiry No. 132 of 2012 arising out of Garkha P.S. Case No. 51 of 2011, in which the name of the petitioner has come in the confessional statement of one co-accused, namely, Sunny Ansari and in that case the petitioner has already been allowed bail by this Court vide order dated 21.03.2013 passed in Criminal Revision No. 267 of 2013. The name of the petitioner has come in Bhagwan Patna High Court CR. REV. No.185 of 2013 (6) dt.12-04-2013 Bazar P.S. Case No. 125 of 2011, registered under Sections 457, 380 and 120(B)/34 of the Indian Penal Code in respect of removal of five rifles of Home Guards from the office of the Home Guards after breaking the lock and also in Bhagwan Bazar P.S. Case No. 126 of 2012, registered under Sections 25(1-B)a, 26 and 35 of the Arms Act regarding recovery of the said rifles from the roof of the Remand Home, on the basis of confessional statement of the said Sunni Ansari. It has also submitted that prior to Garkha P.S. Case No. 51 of 2011, the petitioner has no criminal antecedent, as such dismissal of both the criminal appeals of the petitioner refusing the prayer for bail of the petitioner in Juvenile Enquiry No. 319 of 2012 arising out of Bhagwan Bazar P.S. Case No. 125 of 2011 and Juvenile Enquiry No. 318 of 2012 arising out of Bhagwan Bazar P.S. Case No. 126 of 2012 are illegal. It appears that on the basis of the written report of the informant Sub-Inspector, namely, Nitya Nand Prasad, Bhagwan Bazar P.S. Case No. 125 of 2012 was instituted against the petitioner along with two other namely, Mukesh Sah and Sunny Ansari, registered under Sections 457, 380 and 120(B)/34 of the Indian Penal Code regarding the removal of five rifles after breaking the lock of the office of Remand Home. Thereafter Patna High Court CR. REV. No.185 of 2013 (6) dt.12-04-2013 S.H.O. of Bhagwan Bazar Police Station along with other police officials and Executive Magistrate rush to Remand Home and interrogated about the missing of rifles, one Sunny Ansari confessed the guild about the removal of five rifles after breaking the lock by removing of Kundi of the door through Screwdriver and keeping the same on the roof of the Remand Home, concealing the same in Cartoon detailing the involvement of the petitioner and one Mukesh Sah. Thereafter five rifles were recovered from the roof of the Remand Home and accordingly, Bhagwan Bazar P.S. Case No. 126 of 2012, was instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act. On perusal of the impugned order, it appears that the learned Sessions Judge, Saran has dismissed the Criminal (Juvenile) Appeal No. 131 of 2012 and Criminal (Juvenile) Appeal No. 130 of 2012 refusing the prayer for bail of the petitioner in both the cases, i.e., Juvenile Enquiry No. 318 of 2012 arising out of Bhagwan Bazar P.S. Case No. 126 of 2012 registered under Sections 25(1-B)a, 26 and 35 of the Arms Act and Juvenile Enquiry No. 319 of 2012 in connection with Bhagwan Bazar P.S. Case No. 125 of 2012 registered under Sections 457, 380 and 120(B)/34 of the Indian Penal Code taking Patna High Court CR. REV. No.185 of 2013 (6) dt.12-04-2013 into consideration the criminal antecedent and criminal tendency of the petitioner and involvement of the petitioner. Apparently, I find no illegality in the impugned order for interference with the same in revisional jurisdiction. Accordingly, Criminal Revisions No. 185 of 2013 and 186 of 2013 are dismissed. (Rajendra Kumar Mishra, J) Bhardwaj/-