Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.76 of 2012 Vikash Kumar son of Vijay Rai resident of Pathar Gali, Saristabad, P.S. Gardanibagh, District-Patna. …….. Petitioner. Versus The State of Bihar…….. Opposite Party. ---------------------------------- 2 16.01.2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. This application has been filed for grant of bail to the petitioner under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. Earlier such prayer was rejected by the Principal Magistrate, Juvenile Justice Board in J.J.B. Case No. 440/2010 by order dated 17.9.2011. The Appeal was also dismissed by order dated 17.11.2011 passed by the Sessions Judge, Patna in Cr. Appeal No. 279 of 2011. The petitioner has been made an accused in Gardanibagh P.S. Case No. 234 of 2010 for offences punishable under [STATUTE] . were also added. Learned counsel for the petitioner submits that the FIR has been lodged against unknown persons and initially it was only under [STATUTE] . but later on [STATUTE] . were was also 2 added. Learned counsel submits that the petitioner has been implicated only on the basis of confessional statement made by co-accused. He submits that there has been no recovery or any positive finding with regard to the involvement of the petitioner in the crime alleged. Learned counsel submits that the age of the petitioner has been assessed as about twelve years ten months and eight days by the Juvenile Justice Board and he is in custody since 27.12.2010. Learned counsel further draws the attention of this Court to an order dated 14.7.2011 passed by a Co- ordinate Bench of this Court in Cr. Misc. No. 20486 of 2011 in which similarly situated co-accused has been granted bail. Learned counsel also submits that the petitioner has a clean antecedent. Considering the facts and circumstances of the case, let the abovenamed petitioner be released on bail upon furnishing bail bond of Rs. 5000/- with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Patna in connection with Gardanibagh P.S. 3 Case No. 234/2010. One of the bailors shall be the father of the petitioner who shall also execute a bond with regard to good behaviour of the petitioner. The petitioner shall present himself physically before the Probation Officer, Patna at least once a month and also as and when directed by him. The Probation Officer, Patna shall maintain strict supervision over the petitioner. The application accordingly stands disposed off. Sudha (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.