AMIT KUMAR @ SURAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Revision, under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, is directed against the Judgment dated 7.1.2013 passed in Criminal Appeal No.67 of 2012, whereby the Sessions Judge, Jehanabad dismissed the aforesaid Criminal Appeal, holding that the petitioner cannot be treated as juvenile, as preferred against the order dated 31.10.2012 passed in G.R. Case No.192 of 2012/ Trial No.421(J) of 2012, arising out of Karpi P.S. Case No.16 of 2012, by the Juvenile Justice Board, Jehanabad, rejecting the prayer of the petitioner for bail.

(2.) THE brief facts of the case is that on the statement of the Assistant Sub Inspector, Dhananjay Jha, of Police Station-Karpi, Karpi P.S. Case No.16 of 2012 was registered under Sections 25(1-b)a, 26 and 35 of the Arms Act, Section 414 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act against the petitioner and three others. It is alleged in the F.I.R. that on the basis of the secret information a raid was conducted in village-Lodipur near the door of Laldeo Singh. In that course, a person armed with police carbine came out from the heap of paddy straws but the police caught hold of him. The huge quantity of arms and ammunitions were also recovered from the heap of paddy straws. The apprehended person disclosed his name as Suraj Kumar (petitioner) and from his possession a 9 mm. police carbine loaded with 20 live cartridges was recovered. The other three persons, namely, Laldeo Singh, Mukesh Kumar and Upendra Kumar, were also caught hold of by the police from there.

(3.) LEARNED counsel for the petitioner made submission that the petitioner was declared juvenile by the Juvenile Justice Board, Jehanabad, on the basis of entry of date of birth in the Admission Register of first attended School and later on, his juvenility was also determined on the basis of the report of the Medical Board, hence, the finding of the learned Sessions Judge to the effect that the petitioner cannot be treated as juvenile in the appeal preferred by the petitioner against the order of refusal of bail by the Juvenile Justice Board is illegal and beyond the jurisdiction. It has further been submitted that the learned Sessions Judge, Jehanabad, traveled beyond his jurisdiction by stating about the dwindling morality of Indian Citizen and also by recording the finding that the Rule 12 of the Juvenile justice (Care and Protection of Children) Rules should be declared ultra virus.