IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.452 of 2008 ABHISHEK @ BIKKY @ VIKKY KUMAR Versus STATE OF BIHAR ----------- 2. 07.05.2008 The revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the “Act”) is against the judgment dated 23.01.08 in Cr. Appeal No. 113/07 passed by the Sessions Judge, Muzaffarpur whereby he affirmed the order of the Principal Judicial Magistrate Juvenile Justice Board, Muzaffarpur by which the prayer for bail of the petitioner was rejected in connection with Muzaffarpur Sadar P.S. Case No. 40/07 under Section 414/34 of the Indian Penal Code. A case was registered on 08.02.2007. When the petitioner was taken into custody then he took plea that he is a juvenile. On the prayer of the petitioner an enquiry was made and vide order dated 08.06.07 the Juvenile Justice Board found the petitioner to be juvenile on the date of occurrence. The petitioner prayed for bail but his prayer for bail was refused by the Court. Grievance of the petitioner is that in terms of Section 12 of the Act the juvenile is entitled to be released on bail irrespective of seriousness of offence. The bail has to be granted and it can only be rejected if the Court comes to the opinion that the release of juvenile may defeat the ends of justice or his released was likely bring him into association with known criminals or may expose him to moral, physical and psychological danger. 2 Grievance of the petitioner is that though circumstances for rejection of bail were not available on the record and the prayer for bail of a juvenile was rejected. Prayer for bail has been opposed by the learned Counsel for the State. The petitioner is entitled to be released on bail on the ground mentioned under Section 12 of the Act. These conditions for rejection are not present in this case so the petitioner should have been released on bail. Accordingly the orders of the Court bail are set aside and the petitioner Abhishek @ Bikky @ Vikky Kumar is ordered 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 the Judicial Magistrate Juvenile Justice Board, Muzaffarpur in connection with Sadar Muzaffarpur P.S. Case No. 40/07 Tr. No. 987/08 on the condition that one of the bailors shall be his father who will file an affidavited undertaking before the Court that he will see that after release the petitioner does not fall in company of known criminals and the petitioner will not be allowed to suffer morally, physically and psychologically and also that his release will not defeat the ends of justice. Thus the revision application is allowed. kksinha/- (Shyam Kishore Sharma, J.)