IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1211 of 2009 MD. ARMAN MIAN S/o Md Safique Mian @Ansari resident of village Gangapur P.S.Kurtha Dist. Arwal Versus --- Petitioner STATE OF BIHAR— Opp.party ----------- For the petitioner: Mr Dinesh Pd Verma, Advocate For the Opposite party: Mr G.P.Jaiswal, A.P.P. ------------- 02 30.07.2009 Learned counsel for the petitioner as well as learned A.P.P. is ready to argue the case on merit at the stage of admission which was proposed by learned counsel for the petitioner. Accordingly, this revision petition is being disposed of at the stage of admission itself. Allegation against the accused persons is that they caused assault to the members of the funeral processionist. Specific allegation is against co-accused Safique Mian who gave a bhala blow that also on the foot and allegation against this petitioner was that he gave a lathi blow on the head. Learned counsel for the petitioner submits that the petitioner is a juvenile and allegation against him is that he gave a lathi blow on the head without any repetition and if he is not allowed bail, there is every chance to mix with the criminals that will ruin his career. If there is any provision for bail that is taken into consideration then a single lathi blow without any repetition causing a simple injury can never be taken for refusal of bail. Juveniles have special privileges. Certain conditions if appear then only prayer can be refused, that is mixing with known criminals, exposure of mental, physical and psychological danger and defeating the ends of justice. - 2 - Section 12 of the Juvenile Justice (Care and Protection) Act is also to favour the petitioner, but all these points have not been touched either by the Juvenile Justice Board or the learned Sessions Judge which is unfortunate. Refusal of the bail can not be justified. Taking into the discussions and observations made above, this revision is allowed. Judgment and order passed by the learned Addl. Sessions Judge III, Jehanabad dated 10.6.2009 in Cr. Appeal no.38 of 2009 and Juvenile Justice Board, Jehanabad dated 8.5.2009 in Trial no. 106(J) of 2009 arising out of Kurtha P.S. Case no. 140 of 2008 respectively are set aside. Petitioner is directed to be released on bail on furnishing bail bond of Rs 10,000/ with two sureties of the like amount each to the satisfaction the Juvenile Justice Board, Jehanabad in Trial no. 106 (J) of 2009 arising out of Kurtha P.S. Case no. 140 of 2008. One of the bailers shall be his near relative. shahid (Mandhata Singh, J)