IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.652 of 2010 RANBIR PASWAN Versus STATE OF BIHAR ----------- 2 7.5.2010 This revision application has been preferred against the order dated 23.3.2010 passed by Sri Birendra Kumar Singh, Additional Sessions Judge, Lakhisarai in Criminal Appeal No. 1/124(L) of 2009 whereby he refused the prayer for bail and confirmed the order of Juvenile Justice Board, Lakhisarai passed in G.R.No. 565 of 2008 arising out of Rail Kiul P.S. Case No. 21 of 2008, by which he rejected the prayer for bail. Heard learned counsel for the parties. Informant’s son kidnapped and killed. Petitioner is shown for the last time with the deceased near Ramsati temple. One of the co- accused Renu Devi is allowed anticipatory bail by this Court but she was not alleged for her presence for the last seen with the deceased. The only mistake in the case committed by both the courts in non-consideration of provision of section 12 of Juvenile Justice (Care & Protection of Children) Act, 2000 which provides for bail to juvenile without considering heinous nature of the offence and only to consider three conditions which are appearance of reasonable 2 ground for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. On the above grounds there is some observation of Juvenile Justice Board that after release of petitioner there was chance of his joining with kidnappers that is not sufficient about existence of any of three conditions. Further that should be corroborated by material available on records including case diary. So conclusion reached by Juvenile Justice Board as well as appellate court is not liable to be sustained. Accordingly, the impugned orders passed by both the courts below are set aside. The case is sent back to Juvenile Justice Board, Lakhisarai to decide the case afresh in accordance with law including section 12 of the Act. With such observation, this revision application stands disposed of. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)