IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1418 of 2009 TILAK SHARAF @ RAJ TILAK KUMAR Versus STATE OF BIHAR ----------- 2 31.8.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused of a case in which he was caught with looted motorcycle after chase for which he remained in custody since 3.1.2007, that is for a period of near about two years and seven months, but the same has not been considered by the Juvenile Justice Board or by the Sessions Judge to allow him on bail while the maximum sentence which can be awarded against him is three years only. In my view also the period of custody of the petitioner should be taken into consideration by the Juvenile Justice Board as well as by the Sessions Judge. Accordingly, the criminal revision application is allowed. Both the order dated 5.8.2008 passed by Sessions Judge, Muzaffarpur passed in Cr.Appeal no. 50 of 2008 and the order dated 29.3.2008 passed by Sri S.K.Jha, Judicial Magistrate, 1st Class-cum-Juvenile Justice Board, Sitamarhi in - 2 - G.R.No.7/07/T.R.no. 365/09 arising out of Sitamarhi P.S.Case no. 03 of 2007 are set aside and accordingly, the 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 Juvenile Justice Board, Sitamarhi in the aforesaid case. It is made clear that one of the bailers shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. Let this order be sent to the court below through fax at the cost of the petitioner. (Mandhata Singh,J.) AI