CHANDRA SHEKHAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. B.B. Sinha for the petitioner and Mrs. Sheela Prasad for the State. In this revision petition the petitioners has impugned the order dated 20-12-1997 by reason of which the learned Sessions Judge While agreeing with the order of the Chief Judicial magistrate dated 23-10-1997, has refused to release the petitioner on bail.

(2.) Some undisputed facts are that the petitioner who is an accused for offence under Sections 302/34 of the penal Code moved several bail applications repeatedly, before regular criminal court and, thereafter, upto the High court but without any success. All those bail applications were filed under the provisions of the Code of Criminal procedure (shortly Cr. PC) and taking into consideration the allegation made against the petitioner, his prayer for bail was refused.

(3.) However, when the Medical Board found that the petitioner is a juvenile as he appears to be below 16 years of age, he moved the learned court below for grant of bail under Section 18 of the Juvenile Justice Act, 1986. Being unsuccessful there, the petitioner appealed against the said order dated 23-10-1997, but unfortunately the appellate court also also refused the prayer for bail mainly taking into consideration the fact that the petitioner earlier moved the lower court as well as the High Court under the provisions of Cr. P.C. and on all account his prayer for bail was refused.