IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1101 of 2009 NITIN KUMAR @ SHYAMU Versus The STATE OF BIHAR ----------- 2/ 06.08.2009 Heard both the parties. Petitioner is assailant to the deceased that also by stabbing. Petitioner’s prayer refused by this Court five times but according to the learned counsel not on the ground of Juvenile, he was declared Juvenile at a latter stage of the trial and his prayer was again rejected, while he remained in custody since 11.03.2005, for a period of more than three years in custody. The maximum punishment which can be awarded by the Board is three years. This aspect has not been considered by the Juvenile Justice Board or by the District Judge. Accordingly, the impugned order dated 23.06.2009 passed by the learned 2nd Addl. Sessions Judge, Sitamarhi in Cr. Appeal No. 26 of 2009 is set aside and at the same time, the revision application is allowed. Let the above named petitioner 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 Principal Member, Juvenile Justice Board, Sitamarhi in connection with Tr. No. 69 of 2009 (G.R. No. 216 of 2005) arising out of Sahiyara P.S. Case No. 06 of 2005, subject to the condition that one of the bailers shall be the near relative of the petitioner. shail (Mandhata Singh, J.)