IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1951 of 2009 SHUBHASH THAKUR @ SHUBHASH THAKUR (Minor), Through his natural Guardian (Father) Ram Naresh Thakur, S/o Sundeshwar Thakur, R/o Vill. Raghunathpur, Madhuban, P.S. Maniyari, Dist. Muzaffarpur. Versus The STATE OF BIHAR ----------- 2/ 18.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Prosecution case in brief is that one Bikash Kumar stabbed the deceased repeatedly and four others were catching him. Petitioner’s name appeared in the case in course of investigation. Deceased himself named one Bikash Kumar and none others. Witnesses and the informant reached on the place of occurrence on cry of the deceased but none of them spacified the petitioner. Petitioner’s name does not come alone rather along with Chhotu Kumar Dhananjay Pathak, Dinesh Pathak and Vijay Kumar. one of them co-accused Chhotu Kumar @ Chhotu Mahto without the help of Section 12 of Juvenile Justice (Care and Protection of Children) Act has been allowed anticipatory bail by a Bench of this Court vide Criminal Misc. No. 31796 of 2009 and the present petitioner’s application has been refused while he is in custody since 04.06.2009. In my opinion in discussed suggested 2 circumstances, petitioner is entitled for bail. Accordingly, the revision petition is allowed and the Judgment and the Order dated 13.11.2009 passed by the District and Sessions Judge, Muzaffarpur in Cr. Appeal No. 119 of 2009 and at the same time the order dated 18.09.2009 passed by the Juvenile Justice Board, Muzaffarpur in Mushhari P.S. Case No. 3 of 2009 are set aside. Above named petitioner 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 Juvenile Justice Board in connection with Mushhari P.S. Case No. 3 of 2009. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. Shail ( Mandhata Singh, J.)