IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.746 of 2011 Ujjawal Kumar son of Sri Ram lalit Prasad Singh. Resident of village Gamharia P.S. Majorganj in the District of Sitamarhi. Presently residing in Officers’ Flat, Police Line P.S. Begusarai Town in the District of Begusarail, through his natural guardian and mother Punam Singh wife of Sri Ram Lalit Prasad Singh, Resident of Village Gamharia P.S. majorganj in the district of Sitamarhi. Versus The State Of Bihar ----------- 3 08.07.2011 Heard learned counsel for the petitioner and learned counsel for the State. The accused petitioner has preferred this revision application against the order dated 5th April, 2011 passed by the learned Sessions Judge, Begusarai in Cr. Appeal No. 17 of 2011 by which prayer of the petitioner to set aside the order dated 22nd December, 2010 passed by the Juvenile Justice Board, Begusarai in Barauni Rail P.S. Case No. 6 of 2010 registered under Section 379/411 of the Indian Penal Code has been rejected, Consequently, the prayer of the petitioner for bail has been rejected. The learned counsel for the petitioner has submitted that the earlier 2 2 petitioner was granted bail by this court on certain conditions one of the conditions was that if the petitioner is involved in any case he will be treated as per the breach of the condition of the bail and the trial Court would take appropriate steps to cancel the bail bond of the petitioner and arrest him in accordance with law. He has further submitted that during the pendency of the aforesaid Barauni P.S. Case No. 6 of 2010 the petitioner has again involved in Town P.S. Case No. 359 of 2010 under Sections 379 and 411 I.P.C. Consequently the bail bond of the petitioner has been canceled by the learned Juvenile Justice Board vide order dated 22.12.2010 and he has been taken into custody in view of the aforesaid order of this Court. It is admitted fact that the petitioner is still a juvenile as his date of birth is 27th June, 1996. He further submitted that father of the petitioner will take care of him. It is further submitted that the mother of the petitioner, will produce the petitioner if and when so required. It is further submitted that there is no material on the record to show that 3 3 there is reasonable ground for believing that the release of the petitioner is likely to bring him into the association with any known criminal and his release would defeat the ends of justice. . The learned counsel for the State has admitted that position and could not controvert the contention of the petitioner. Considering the facts and circumstances, in my opinion the impugned order is not fit to be sustained. The impugned order is set aside. The 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 of learned Juvenile Justice Board in connection with Barauni Rail P.S. Case No. 6 of 2010 with the following conditions: 1. That the father of the petitioner will be one of the bailors. The petitioner will not indulge in similar or in any other offence. 2. The mother of the petitioner will produce the petitioner before the learned trial Court if and when 4 4 required. 3. In case of violation of the terms of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board and the petitioner will be taken into custody. In the result, this revision application is allowed. Prakash ( Amaresh Kumar Lal, J.)