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2010 DIGILAW 566 (PAT)

Rabindra Kumar Sharma @ Ravi v. State Of Bihar

2010-04-01

MANDHATA SINGH

body2010
JUDGEMENT 1. This revision application has been filed for setting aside the order dated 7.12.2009 passed in Criminal Appeal No.57 of 2009 by 1st Additional Sessions Judge, East Champaran, Motihari, who dismissed the appeal and confirmed the order dated 4.8.2009 passed in Trial no. 508 of 2009 by Juvenile Justice Board, East Champaran, Motihari, whereby prayer for bail of the petitioner has been rejected. 2. Heard learned counsel for the parties. 3. In the case 3 quintals and 63 kgs ganja were recovered from a vehicle driven by this petitioner. All the three conditions which could be taken for refusal of anticipatory bail to a juvenile in conflict with law is mentioned in the order of Juvenile Justice Board, but according to learned counsel without connecting any relevant evidence collected by the I.O. and that is confirmed by the appellate court. 4. Thus, the orders passed by Juvenile Justice Board as well as by 1st Additional Sessions Judge are set aside and the case is remanded to Juvenile Justice Board, East Champaran, Motihari to decide the same afresh in Tr. No. 508 of 2009 connecting the evidence collected by the I.O. for existence of all the three or any of the conditions which only can be taken for allowing or refusing bail to a juvenile in conflict with law. Every attempt shall be made to decide the matter expeditiously.