(1.) The issue that falls for consideration in the present revision is :-
(2.) The facts of the case are that one Ghanashyam Senapati, working as security guard of the Railway track in Dhamra port, lodged FIR before the Bansada Police Station in the district of Bhadrak alleging that the petitioners were found stealing keys from the railway tracks and fled away from the spot being detected thus. Basing on such FIR, Bansada P.S. Case No. 311 of 2022 was registered under Ss. 379/34 of IPC followed by investigation.
(3.) The petitioners being CCLs, filed an application in the court of Sessions Judge, Bhadrak under Sec. 438 of Cr.P.C. for grant of anticipatory bail. Learned court below entertained doubts as regards maintainability of such application whereupon the prosecution as well as the petitioners put forth their respective arguments supported by judgments of the Supreme Court and different High Courts. Learned court below noted that there are conflicting views of different High Courts in this regard and held that since a juvenile cannot be arrested, the provision under Sec. 438 of Cr.P.C. would not apply to him since there cannot be apprehension of arrest in his case. As such, the bail application was rejected.