IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.989 of 2009 DILIP KUMAR PATEL @ DILIP PATEL through his father and legal guardian Kishori Patel, resident of village-Banuchhapar, Dosaiya Tola, P.S.-Bettiah Mofassil (Manuapul), District-West Champaran ------------ ------------------------------------------------Accused/Appellant/Petitioner. Versus THE STATE OF BIHAR ----------- 5. 3.9.2009 Heard the parties on the merit of the case. Submission of the learned counsel for the petitioner is that petitioner is not named in the F.I.R. while father of the deceased is the informant. Petitioner’s name appeared for the first time in restatement of the informant by naming him an associate of the main assailant Ashutosh Kumar that is followed by two of the deceased’s brother and one independent witness that in the hospital deceased was saying that petitioner was an associate of the main assailant Ashutosh Kumar. According to the learned counsel, in statement of those witnesses also he has not been shown as assailant. That also is privileged by Section 12 of the Juvenile Justice (Care and Protection of Children) Act. I am also of the view that circumstance if justifies bail to a major how that can be denied to a juvenile. This much of the aspect has not been considered either by the Juvenile Justice Board or by the Sessions Judge. 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 Shri K. P. Singh, Principal Magistrate, Juvenile Justice Board, Bettiah, West Champaran, in Trial no.328 of 2009 arising out of Bettiah Mofassil - 2 - P.S. case no.145 of 2008 subject to the condition that one of the bailors shall be his father who shall undertake to keep the petitioner under his observation and produce him (petitioner) when he is required by the Juvenile Justice Board. Sudip ( Mandhata Singh, J )