IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1287 of 2009 PAPPU RAI Versus STATE OF BIHAR ----------- 2 10.8.2009 Learned counsel are ready to argue the case after its admission. Heard on merit after admitting the same. While the informant and his family members were coming from court attending a case filed on behalf of co- accused Birendra Rai, it is alleged that all the accused persons including this petitioner surrendered them and inflicted knife blows. Birendra Rai gave three dagger blows upon the deceased while this petitioner assaulted Darvi Devi. Submission of the learned counsel for the petitioner is that the main accused Birendera Rai is released on bail by this Court, even then the petitioner’s prayer for bail isrefused by the impugned order on mistaken conception. Accused persons including this petitioner and Birendra Rai are accused in a single case that is pending and different allegations were there against all the accused including Birendra Rai. How that can be taken for observing Birendra Rai a known criminal or making observation for chance of his exposure to moral , physical and phycological danger. Whatever may be the part of the body upon which injuries were inflicted, they were simple in nature. Even then, the 2 petitioner’s prayer for bail was refused by the Juvenile Justice Board and the learned Sessions Judge. Considering the facts and circumstances, the impugned order dated 25.7.2009 passed in Cr.Appeal No.39/2009/22/2009 by the Second Additional Sessions Judge, Sitamarhi is set aside. This civil revision application is, accordingly, allowed. Petitioner, namely, Pappu Rai is 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 the Principal Magistrate, Juvenile Justice Board, Sitamarhi, in connection with Dumra P.S.Case No.201 of 2007, Tr.No.42/2009, subject to the condition that one of the bailors should be his own relative as also an undertaking by the relation bailor that he will keep the juvenile under his control and produce the petitioner in the court on each and every date whenever is needed. SKBOSE (Mandhata Singh)