Guddu Singh @ Guddu Kumar @ Dev Kumar vs State of Bihar

Navaniti Pd. Singh, J.—Heard. The petitioner is a juvenile in conflict with law and, on being named by a co-accused, is being prosecuted for an offence under Sections 395 and 411 of Indian Penal Code. The Juvenile Justice Board has assessed the age of the petitioner as fourteen and half years on the date of alleged occurrence that is 25.11.2005. It is submitted that several other persons including the person, on whose statement the petitioner has been now named, have been granted bail by this Court as mentioned in paragraphs-11 and 13 of this application. It has been pointed that the Juvenile Justice Board having rejected his application for release even though finding that he was a juvenile, an appeal was filed before the learned Sessions Judge, Patna which was dismissed as time barred notwithstanding condo nation application being there.

In this connection, I may only notice that a person who is in custody has a cause of action every day he remains in custody and his bail application which, in terms of the Juvenile Act, is an appeal should not be and cannot be dismissed as barred by limitation. That would be denial of personal liberty. Having considered the entire facts and circumstances of the case, let the petitioner Guddu Singh @ Guddu Kumar Singh @ Dev Kumar be released on bail on his furnishing bonds of Rs. 10.000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Patna in Juvenile Justice Board Case No. 594 of 2006 arising out of Dinara (Bhanas) Police Station Case No. 152 of 2005 subject to the conditions that one of the sureties shall be the father of the petitioner.