High CourtsSingle Bench

Nilabh Batsha @ Rishu vs State of Bihar and Others

Patna High Court · Decided on 26 June 2006 · Citation: (2007) 2 PLJR 752

HON’BLE JUDGES
Chandramauli Kr. Pd., J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439
CASE NUMBER
Criminal Miscellaneous No. 15307 of 2006
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Judgment

2 paragraphs · 148 words

Chandramauli Kr. Pd., J.—Mr. Singh, Senior Advocate appearing on behalf of the petitioner submits that so long the order declining to declare the petitioner a juvenile is not set aside, petitioner shall be deemed to be not juvenile and shall have liberty to pray for bail u/s 439 of the Code of Criminal Procedure. As such, according to his submission the report of the Stamp Reporter is fit to be overruled. I find substance in his submission. Today the status of the petitioner is not that of a juvenile. Nobody knows the result of the case in which he had challenged the order refusing to declare him the juvenile. In my opinion remedy will depend upon the petitioner''s status as adjudicated today.

2.

As such petitioner can take recourse to the ordinary remedy available to a person other than juvenile. The report of the Stamp Reporter is overruled.