LAWS(PAT)-2020-10-4

SAURAV KUMAR Vs. STATE OF BIHAR

Decided On October 07, 2020
Saurav Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(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. 20 of 2018, learned Sessions Judge, Begusarai affirmed the order dated 08.01.2018 passed by Principal Member, Juvenile Justice Board, Begusarai in connection with Juvenile Justice Board Case No. 87 of 2017 arising out of Bakhri P.S. Case No. 98 of 2017 by which learned Principal Magistrate, Juvenile Justice Board, Begusarai had rejected the bail prayer of the petitioner.

(3.) Since in both the above stated criminal revision petitions, similar question of law is involved and, therefore, both the above stated criminal revision petitions are being disposed of by this common order on the stage of admission stage itself with consent of all the parties.