IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.618 of 2010 1. GOPAL MAHTO , S/o Gaya Mahto 2. Sukhram Mahto, S/o Baleshwar Mahto Both R/o Village – Maheshamunda Bind Toli, P.S. – Kahalgaon, District – Bhagalpur --------- Petitioners Versus STATE OF BIHAR ---- Opposite Party ----------- 3/ 19.05.2010 This revision application has been preferred against the judgment and order dated 27.3.2010 passed by 1st Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 18 of 2010 whereby he dismissed the appeal and affirmed the order dated 28.1.2010 passed in G.R. No. 3240 of 2009 by Juvenile Justice Board, Bhagalpur by which the prayer for bail of petitioners has been rejected. Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel is that if informant really was looted, he should not be left with mobile which was used by him for calling village people. According to the learned counsel, really it was an accident. Petitioners’ motorcycle touched informant’s motorcycle for that grudge only informant’s influence worked and people gathered there. Petitioners along with one another were apprehended, caught by people, brutally assaulted but with no recovery of any cash. Though that has been explained that the fourth co-accused was keeping the money. Petitioners remain in custody from 28.11.2009. Nature of the allegation was entitling them for bail on merit itself that is assisted by Section 12 of Juvenile Justice ( Care and Protection of Children) Act. So, refusal of their bail never can be justified which has not been cared by the Juvenile Justice Board or the appellate court. Accordingly, revision petition is allowed. Impugned orders of Juvenile Justice Board as well as the Appellate Court are set aside. Let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Bhagalpur in connection with Kahalgaon P.S. Case No. 548 of 2009 (G.R. No. 3240 of 2009) subject to the condition that one of the bailers shall be the fathers of petitioners who would undertake to keep the petitioners under their observations and produce the petitioners whenever is ordered by Juvenile Justice Board. Let the case diary be sent back to the court below. Let this order be communicated to the court below through fax at the cost of the petitioners. Praful ( Mandhata Singh, J. )