LAWS(PAT)-2006-6-73

NILABH BATSHA @ RISHU Vs. STATE OF BIHAR

Decided On June 26, 2006
Nilabh Batsha @ Rishu Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) MR . Singh, Senior Advocate appearing on behalf of the petitioner submits that so long the order declining to declare the petitioner a juvenile is not set aside, petitioner shall be deemed to be not juvenile and shall have liberty to pray for bail under Sec. 439 of the Code of Criminal Procedure. As such, according to his submission the report of the Stamp Reporter is fit to be overruled.

(2.) I find substance in his submission. Today the status of the petitioner is not that of a juvenile. Nobody knows the result of the case in which he had challenged the order refusing to declare him the juvenile. In my opinion remedy will depend upon the petitioner 'sstatus as adjudicated today.

(3.) THE report of the Stamp Reporter is overruled.