IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.971 of 2009 PINTU DAS Versus THE STATE OF BIHAR For the petitioner : - Mr. Rana Pratap Singh, Advocate Mr. Satyaveer, Advocate For the O.P. : Smt. Indu Bala Pandey, APP ----------- 04/ 21.07.2009 Heard both sides. Petitioner, who has been declared juvenile, has approached this Court questioning the judgment and order passed on appeal (Criminal Appeal No. 51 of 2009), whereby the learned lower appellate court has refused to release him on bail holding that his release may defeat the ends of justice. Petitioner was made accused in Konch P.S. Case No. 126 of 2007 registered under diverse sections of the Penal Code including Section 302/34 IPC along with father, mother and three brothers. Allegation in the FIR is general that all of them (who are gotias/agnates) were armed with lathi assaulted father of the informant. Injured was carried to hospital and in course of treatment he was declared dead. It appears that he made a claim that he is/was juvenile on the date of occurrence. An enquiry was made by the Principal Magistrate, whereafter under order dated 17.2.2009 (Annexure-2) it was found and held that on the date of occurrence the petitioner was aged about 15 years. Learned Magistrate has also recorded that from bare appearance also he looks like a minor. Petitioner thereafter made prayer for his release on bail. The same was considered by the learned - 2 - Principal Judicial Magistrate, who on consideration of the materials on record including the allegation and the attending circumstance refused his release on bail on the ground that there is chance or likelihood of the petitioner falling in the company of known criminals. As noticed above, petitioner aggrieved by the aforesaid order dated 20.2.2009 preferred appeal, which was considered and rejected. Learned counsel submits that the prosecution as well as accused party are agnates. The allegation on the face of it is that all the family members enraged on certain issue assaulted the victim by means of lathi. There is general allegation of assault by lathi by all the accused persons. It is contended that the father and mother, who were also made accused along with the petitioner, have since been granted bail on merit by this Court. In his submission release of the petitioner on bail will not defeat the ends of justice as other accused persons having similar allegations have since been granted privilege of bail. It is further submitted that the other accused persons are own family members and as such it cannot be readily said that the petitioner shall go in the company of known criminals once released on bail. It is contended that he is in custody since 4.12.2008. Today by filing a supplementary affidavit affirmed by full brother of the petitioner, it has been stated that he being the elder brother is prepared to take all responsibilities respecting the juvenile petitioner and shall monitor his conduct during the period of bail. It is further stated therein that he is prepared to undertake before the Court to produce the petitioner in the court below on the dates fixed at the - 3 - trial or as directed by the learned trial court. Having regard to the submissions and upon perusal of materials on record, in my considered view, the petitioner, who has already been declared juvenile, deserves to be released on bail. In the facts and circumstances, petitioner Pintu Das is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Gaya in connection with Konch P.S. Case No. 126 of 2007 subject to the following conditions :- (i) One of the bailors shall be the full brother of the petitioner (deponent of the supplementary affidavit); (ii) The full brother of the petitioner namely, Tinku Das shall file an affidavit in the court below along with bail bond in terms of the statements made before this Court and taken note hereinabove. This application is, accordingly, disposed of. DKS/ (Kishore K. Mandal, J.)