IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.652 of 2011 KUNDAN KUMAR SON OF SRI HARE KRISHNA MAHTO R/O VILLGE- NAGDAH, P.S.- MUFASSIL, DISTRICT- BEGUSARAI THROUGH HIS UNCLE Versus THE STATE OF BIHAR & ANR. ----------- 2 07/06/2011 This criminal revision application has been filed against the order dated 25.3.2011 passed in Cr. Appeal No. 15 of 2011 by the learned Sessions Judge, Begusarai whereby the order refusing bail to the petitioner dated 2.2.2011 passed in Begusarai (Mufassil) P.S. Case No. 286 of 2010 by the Juvenile Justice Board, Begusarai was confirmed. Begusarai (Mufassil) P.S. Case No. case No. 286 of 2010 was registered against three unknown robbers regarding robbery of rupees 19 lacs and 50 thousand. Submission is that the petitioner is not involved in the offence. The confession of the petitioner has not led to any recovery. It is further submitted that as soon as the petitioner was taken into custody he took the plea of being juvenile. Upon this plea inquiry was conducted by the Juvenile Justice Board, Begusarai and vide order dated 11.1.2011 the petitioner was declared 2 Juvenile but his prayer for bail was rejected ignoring the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as the Act). The appellate court also affirmed the order of refusing bail. The petitioner has been declared juvenile and his confession has not led to recovery of any thing. There is nothing on the record from which any inference could be drawn that the petitioner was involved in any other case and also there was no material before the courts below to come to the conclusion that the release of the petitioner would defeat the ends of justice. Considering the facts and circumstances of the case, the impugned orders are set aside and the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Begusarai in connection with Begusarai (Mufassil) P.S. Case No. 286 of 2010 with condition that one of the bailors should be the father of the petitioner who will file an affidavited undertaking before the court below stating that he will ensure that after release the petitioner is not allowed to 3 associate himself with the known criminals of the society and will not expose to moral, physical or psychological danger or his release would not defeat the ends of justice. In the result, this revision application is allowed. avin (Shyam Kishore Sharma, J.)