IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.13 of 2011 CHHOTU CHOUDHARY …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 03. 23.02.2011 Heard both sides. The petitioner, who has been declared juvenile in conflict with law, is aggrieved by the appellate order dated 5/4.11.2010 passed by learned Sessions Judge, Patna in Cr. Appeal No. 216 of 2010, whereby his prayer for bail has been considered and rejected. The petitioner is facing charge under sections 302/34 IPC. Two sons of the informant have been done to death. Three persons including the petitioner have been named in the FIR. Learned counsel for the petitioner submits that there is no criminal antecedent of the petitioner and that he is in custody/remand home since 07.05.2010. It is submitted that father of the petitioner will monitor the petitioner and keep guard against any possible criminal activity of his son if released on bail. Learned APP, on the other hand, supported the impugned order. Learned appellate court while rejecting the appeal held as under: “I find that in the present case the appellant and the co-accused in a planned manner, inflicted fire arm injuries on the heads of the two deceased, so I find that the release of the 2 appellant would definitely bring him into the association of known criminals, so it is not proper to release him on bail.” This Court from the prosecution case also finds that the petitioner was found in association with other persons who had criminal antecedents. This Court, therefore, agreeing with the view taken by the appellate court, rejects his prayer for bail. However, considering the report submitted by the probation Officer placed at Flag A and the fact that the petitioner is in custody/remand home since 07.05.2010, this Court observes that if the trial of the petitioner is not taken up and registers adequate progress within (06) six months from the date of receipt/production of a copy of this order, the petitioner shall have liberty to renew his prayer for bail in the court below itself which shall be considered and disposed of in accordance with law uninfluenced by the present order. hr ( Kishore K. Mandal )