RABINDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Alok Kr. Choudhary, the learned counsel for the petitioner assisted by Sri Nagendra Kumar, learned Advocate-on-Record and Smt. Anita Kumari Singh, the learned A.P.P. for the State.

(2.) The present petition has been filed for quashing the order dated 02.05.2018 passed by the District Juvenile Justice Board, Jehanabad/ Arwal in case no. 302 (J) of 2018 (arising out of Jehanabad PS case no. 311 of 1988), whereby and whereunder the learned Juvenile Justice Board has rejected the application of the petitioner for being declared juvenile.

(3.) The brief facts of the case are that as per the written report of the informant namely Jagdeo Yadav, the aforesaid case bearing Jehanabad PS case no. 311 of 1988 was registered, wherein it has been alleged that on the date and time of occurrence, the brother of the informant and his son as well as others were harvesting rice crops and in the meantime, the informant had gone there to over-see the same, whereafter the accused persons including the petitioner herein had arrived there, armed with rifle, gun and garasa. The accused persons had then shot dead the father and brother of the informant as also had assaulted other members of the prosecution side resulting in them receiving grievous injury. As far as the petitioner is concerned, he along with two other accused persons is said to have assaulted the nephew of the informant namely Yadu Yadav by the barrel of the gun on his forehead and back.