RAJESH SINGH @ RAJESH KUMAR @ RAJESH KR. SINGH UNDER GUARDIANSHIP JAAN SINGH @ JAUN SINGH, SON OF JAAN SINGH @ JAUN SINGH, RESIDENT OF VILLAGE JURABGANJ, P.S. KORHA, DISTT. KATIUHAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the order dated 17th Sept., 2015 passed by the learned Sessions Judge, Saran at Chapra, in Cr. (Juvenile) Appeal No. 112 of 2015 whereby the order for refusing prayer for bail of the petitioner dated 4.9.2015 passed by the Juvenile Justice Board, Saran, in Dariyapur P.S. Case No. 179 of 2015 registered under Sections 379 and 414 of the Indian Penal Code, has been affirmed.

(2.) It is submitted that the petitioner was not named in the First Information Report and his name transpired during investigation. He was apprehended on 6th July, 2005 during investigation. As he was a juvenile in conflict with law, he was kept in Observation Home since 6th of July, 2015 itself. His name has come in the present case merely on the basis of suspicion and no incriminating article was recovered from his possession. He was not even put on Test Identification Parade. It is submitted that the Juvenile Justice Board as also the Appellate Court has rejected the application for release of the petitioner on bail only on the ground that if released, he will go in association of known criminals and his release would defeat the ends of justice. It is submitted that before recording the aforesaid finding, neither the Juvenile Justice Board nor the Appellate Court called for any social investigation report from the Probation Officer. The finding that in case of release, the petitioner may mix-up with known criminals, is based on hypothetical presumption and wild suspicion.

(3.) Learned counsel for the State has opposed the application filed on behalf of the petitioner. He has submitted that the name of the petitioner transpired in confessional statement of coaccused and, hence, in all probability, he is in contact with some other known criminals with whom he has committed the offence and, his release is most likely to bring him into company of those known criminals.