IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1180 of 2010 CHANDAN PANDEY @ SUBRAMANIYAM Versus STATE OF BIHAR For the Petitioner : Mr.K.N.Choubey, Sr.Advocate & : Mr.Ambuj Nayan Choubey For the State : Mr. Jharkhandi Upadhyaya,APP ----------- 3. 18.08.2010 Present application has been preferred under section 53 of the Juvenile Justice (Care and Protection of Children) Act(hereinafter referred to as the ‘Act) against the judgment and order passed on his appeal being Cr.Appeal No.36/2010,passed by learned Sessions Judge, Rohtas at Sasaram. Petitioner has been made accused in a case instituted under section 414 IPC and diverse sections of the Arms Act with an allegation that was found in possession of a country-made loaded pistol and two live cartridges. He has thus been detained in jail custody/remand home. On an application filed by him, learned Juvenile Justice Board, Rohtas has found him juvenile and, accordingly, he has been declared as such by order dated 02.06.2010. His prayers for bail have been refused by the Board and by learned Sessions Judge on the plea that his release would bring him in the company of criminals as one of the companions of the petitioner was also found in possession of fire-arms. Petitioner seems to be in custody since 17.05.2010. A supplementary affidavit has been filed sworn by Sri Niwas Pandey, the father of the petitioner. The father has taken upon himself all the responsibilities respecting the 2 petitioner in case he is released on bail. I have carefully perused the averments made in paragraphs 2 and 3 of the said supplementary affidavit. This Court is convinced that petitioner deserves release from jail custody/remand home. Consequently the impugned order is set aside. The Petitioner abovenamed is/are 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 Juvenile Justice Board, Rohtas at Sasaram in J.J.B. Case No.528 of 2010(Gr.No.1377 of 2010) in connection with Dehri (town Dalmia Nagar P.S. Case No.273 of 2010 on the condition (1) that one of the bailors shall be father of the petitioner and another bailor will be his own/close relation (2) the deponent of the present supplementary affidavit(father of the petitioner) shall file an affidavited undertaking on the lines indicated in the present supplementary affidavit (3) he will also undertake to produce the child(petitioner) as and when required by the court (4) during the period of his release from custody, if it is found that he is again involved in any other criminal case, the same shall be treated as breach of the conditions of bail and the court below shall be at liberty to cancel the bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )