IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.986 of 2011 Dhiraj Kumar, son of Bindyachal Singh @ Pappu Singh, resident of Mohalla-Fazalganj (G.T. Road), P.S.-Sasaram (M), District- Rohtas. …….Petitioner Versus The State of Bihar ……Opposite Party ----------- 4. 17.10.2011 The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 2.08.2010 passed by the learned Sessions Judge, Rohtas at Sasaram in Cr. Appeal No.40/2010 by which the order dated 30.06.2010 passed by the learned Juvenile Justice Board, Rohtas at Sasaram in G.R.No.1177/10 in connection with J.J.B. Case No.532/2010 arising out of Sasaram (Agarer) P.S. Case No.379/10 under Section 392 of the I.P.C. has been confirmed and the prayer of the petitioner for grant of bail has been rejected. Heard learned counsel for the petitioner and learned counsel for the State. The main contention of the learned counsel for the petitioner is that the petitioner has been declared a juvenile by the learned Juvenile Justice Board. His prayer for bail was rejected by the Juvenile Justice Board vide order 2 dated 30.06.2010. Against the said order, the petitioner preferred Cr. Appeal No.40/2010, which has been dismissed by the impugned order on the ground that the petitioner is involved in 3 other similar criminal cases and he is already in league with seasoned criminals, who are involved in snatching vehicles on the point of firearms. He has further submitted that the petitioner has been granted bail in all other cases and the petitioner has been in custody since 6.06.2010 in this case. Learned counsel for the State could not controvert the contention of the petitioner while opposing the prayer of the petitioner. It appears that a report was called for from the Probation Officer through the Juvenile Justice Board, Rohtas at Sasaram, which has been sent by the Principal Magistrate vide letter no.42 dated 9.09.2011 enclosing the report of the Probation Officer vide letter no.104 dated 7.09.2011. In the aforesaid report, it has been mentioned that the petitioner has no criminal antecedent. The Principal Magistrate, Juvenile Justice Board, Rohtas at Sasaram is directed to inquire into the matter as to whether the petitioner has any criminal antecedent or not and 3 also the contents of the letter no.104 dated 7.09.2011 submitted by the Principal Probation Officer, Rohtas at Sasaram is correct or imaginary. It will be open to the Principal Magistrate to take appropriate action against the Principal Probation Officer, Rohtas at Sasaram, if it is found incorrect. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears that the contention of the learned counsel for the petitioner is correct. The petitioner is in custody since 6.06.2010. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be sustained. The impugned order is set aside. The petitioner above-named is directed to be released on bail on furnishing bail bond of Rs.10,000/-with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board Rohtas at Sasaram in G.R.No.1177/10 in connection with J.J.B. Case No.532/2010 arising out of Sasaram (Agarer) P.S. Case No.379/10, on the following terms and conditions : (i) Father and the Grand father of the petitioner will be the bailors. (ii) Father of the petitioner will 4 produce the petitioner in the court if and when required. (iii) The petitioner will not indulge in similar or in any other offence. (iv) In case of his absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile Justice Board and he will be taken into custody. In the result, this application is allowed. Let this order be communicated to the Principal Magistrate, Juvenile Justice Board, Rohtas at Sasaram through fax at the cost of the petitioner. V.K. Pandey ( Amaresh Kumar Lal, J.)