IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1281 of 2011 Anil Kumar @ Patwa son of Suresh Prasad ,resident of village Powerganj (BageshwariGumti) Kumhrartoli,P.S.Delha,Dist.Gaya Through his father namely Suresh Prasad ,S/o Late Babulal Sah R/o village Powerganj(BageshwariGumti) Kumhrartoli, P.S. Delha Dist. Gaya ………Petitioner. Versus The State of Bihar …..opposite party. ---------------------------------- 2 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 24th September 2011 passed by the learned additional sessions judge iii, Gaya in cr. appeal no. 53/11/58/11 by which the order dated 16.8.2011 passed by the learned juvenile justice board, Gaya in Kotwali (Gaya)P.S. Case No.71 of 2011 under section 395 of the Indian Penal Code has been affirmed and the appeal has been dismissed . Learned counsel for the petitioner submits that the petitioner is juvenile of about 14 years and he has been declared a juvenile by the Juvenile Justice Board. The prayer for bail has been rejected by the Juvenile Justice Board vide order dated 16.8.2011. Thereafter the petitioner filed Criminal Appeal No. (Juvenile) 53/11/58/11 which has been dismissed by the impugned order on the ground that if the petitioner is released he will go into the contact of criminal. He has further submitted that the petitioner has no criminal antecedent and other co-accused have been granted bail by this Court. The petitioner has been in custody since 20.4.2011. Learned counsel for the State Mr. M.K. Khare, does 2 not controvert the contention of the petitioner while opposing the prayer for bail. After hearing learned counsel for the parties and on perusal of the materials on record, I find that the petitioner is in custody since 20.4.2011 and other co-accused have been granted bail. The impugned order is not fit to be sustained and it is set aside. The application is allowed. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Learned Juvenile Justice Board , Gaya in connection with Kotwali (Gaya) P.S. Case No. 71 of 2011 on the following conditions: That father of the petitioner shall be one of the bailors, who will produce the petitioner before the Board, if and when required. In case of default for two consecutive dates, his bail bond would be liable to be cancelled. The petitioner will not indulge himself in similar or in any other offence. In case of violation of the terms of the bail his bail bond shall be liable to be cancelled by the learned Juvenile Justice Board and he will be taken into custody. Let this order be communicated to the Juvenile Justice Board, Gaya through fax at the cost of the petitioner. (Amaresh Kumar Lal, J) M.Rahman/