GABBAR RAM @ VIVEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Gabbar Ram @ Vivek Kumar, who has been declared juvenile, has preferred this revision application against the judgment dated

(2.) Petitioner is named in the FIR and allegation is that he along with other accused persons has stabbed the deceased and petitioner has been declared juvenile as he was found to be aged about 15 years 7 months on the day of occurrence.

(3.) Learned counsel for the petitioner has assailed that he has falsely been implicated and no specific role has been assigned to him, rather allegations are general against three persons, including the petitioner and petitioner is in custody for 14 months and maximum sentence for a juvenile is three years. Further submission is that the Social Investigation Report is also not available on the record and the Juvenile Justice Board considering the gravity of the matter has rejected the prayer for bail of the petitioner. It has also been submitted that considering the age of the petitioner he may be handed over under the control of the guardian, who are competent to take care of him and they may have control over the delinquent. However, learned Magistrate not satisfying with the aforesaid aspect of the matter has rejected the prayer for bail of the petitioner and the same has been affirmed by the appellate court also. As such, the judgment of learned appellate court as well as order of Juvenile Justice Board is not sustainable in the eye of law.