AMAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The present Cr. Revision Application has been filed against the order dtd. 18/11/2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge Children's Court, Begusarai in Cr. Appeal No. 58 of 2022 and the order dtd. 2/9/2022 passed by learned Juvenile Justice Board, Begusarai in J.J.B. Case No. 199 of 2022 arising out of Bhagwanpur P.S. Case No. 118 of 2022 lodged under Ss. 25(1-B)a/26 of the Arms Act pending vide G.R. No. 1997 of 2022.

(3.) Learned counsel for the petitioner submits that from the contents of F.I.R., it transpires that the recovery of one desi katta with one live cartridge were made. He further submits that the petitioner was declared juvenile and he was assessed on the date of occurrence as 16 years, 3 months and 7 days. Learned counsel submits that the petitioner is behind the bar with effect from 23/6/2022 but produced before the J.J.B. on 23/7/2022, as such, the total period during which he gone behind bar is about 10 and ' months. Learned counsel further submits that the presumption of innocence is in favour of the juvenile. He also submits that the father of petitioner is ready to take surety of his son and also ready to not to expose to moral, physical and psychological danger. Father of the petitioner assures to this Court that he shall do all the needful so that petitioner shall not involve in any offence in future. Considering the allegation and upon going through the Social Investigation Report as well as Social Background Report and particularly in the light of undertaking given by the father of petitioner, I am of the view that petitioner should be released from observation home with condition that father of petitioner shall file undertaking that he shall take care of petitioner and petitioner shall not involve in any commission of crime in future.