IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.521 of 2010 MOHD.NAZIR son of late Md. Zalil , resident of vill.-Dariyapur Kafen, P.S.-Kurhani, Distt.-Muzaffarpur -----------Petitioner. Versus STATE OF BIHAR ----------- 2. 13.4.2010 Heard the parties. One Subir Banerjee was murdered by co-accused Kishnandan Chaudhary with the help of this petitioner. Grievance of Kishnandan Chaudhary was that Subir Banerjee had devil eyes upon his mother. The weapon which was used in murder was in possession of Kishnandan Chaudhary, if he had any criminal antecedent that has not come in the case. According to the learned counsel for the petitioner, the ground for refusal of bail is not justified. Heinous nature of crime can never be taken for refusal of bail to a juvenile in conflict with law. The conditions which can be taken for refusal are chances of mixing of the juvenile in conflict with law with known criminals. Krishnandan Choudhary though is assailant of the deceased but having no criminal antecedent may never be said his chances of mixing with known criminals. 2) Another condition which can be taken for refusal of the bail is his exposure may lead to physical, mental and psychological danger. Third one is to defeat the ends of justice , if existing , have not been discussed. Here, nature of crime may not be taken for existing of last two conditions without any material which is absent in this case. Petitioner is in custody since 8.4.2008. - 2 - Let petitioner named above 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 the Juvenile Justice Board, Muzaffarpur, in connection with Muzaffarpur Town P.S. case no.150 of 2008, Trial no.906 of 2009 subject to the condition that one of the bailors shall be near relative of the petitioner who shall keep the petitioner under his observance and produce him in court as and when required. Sudip ( Mandhata Singh, J. )