IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1588 of 2009 AKASH SAO @ PRABHAKAR KUMAR Versus STATE OF BIHAR ----------- 3 1.12.2009 Heard learned counsel for the parties. This revision application is directed against the order dated 7.9.2009 passed in Cr.Appeal No. 27/09 by Shri Suniti Kumar Singh, Additional Sessions Judge, F.T.C. 1st, Lakhisarai upholding the order dated 3.2.2009 passed in G.R.no. 928(A)/08 arising out of Lakhisarai P.S.Case No. 398/08 by the Juvenile Justice Board, Lakhisarai. The fact of the case is that informant’s son was allegedly done to death by the petitioner. Now the simple submission of learned counsel for the petitioner is that privilege enshrined to juvenile under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is not observed or misinterpreted. It is mandate of section 12 of the Act to release a juvenile without caring the nature of the offence. Three conditions are there only for refusal of bail that is appearance of reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. One of the conditions is considered by the Sessions Judge (appellate court). In the case there is circumstantial evidence only to involve the petitioner but no where it has come in the evidence that he is in the association of any one. If there is no association of any one, no 2 question arises about coming of the petitioner into association with any known criminal after his release which has not been considered by the Juvenile Justice Board as well as by the Sessions Judge apart from it the petitioner is in custody since 16.9.2008. Taking the discussed facts into consideration this revision petition is allowed and orders of both the courts below are set aside. 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 Juvenile Justice Board, Lakhisarai in G.R.NO. 928(A)/08 arising out of Lakhisarai P.S.Case No. 398/08. It is made clear that one of the bailer shall be petitioner’s mother who shall undertake to keep the petitioner under her observation and shall produce him whenever is ordered by the Juvenile Justice Board. A.I (Mandhata Singh, J.)