IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.227 of 2010 RAHUL KUMAR, S/o Deo Nandan Prasad Singh @ Mantu Mandal, R/o Vill. Khaira, P.S. Haveli Kharagpur, Dist. Munger. Versus The STATE OF BIHAR ------ 5/ 21.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. The revision application is filed against the Judgment and order dated 17.12.2009 passed in Cr. Appeal No. 113 of 2009 by the learned District and Sessions Judge, F.T.C. No.3, Munger as well as the order dated 17.11.2009 passed in G.R. No. 1053A of 2008 arising out of Kharagpur P.S. Case No. 117 of 2008 by the Juvenile Justice Board, Munger. The offence is certainly heinous as a bottle of tonic was inserted in anus of the informant which came in intestine resulted into operation for taking out from the stomach but submission of the learned counsel for the petitioner is that the main accused was Chhanguri Mandal, who really inserted the bottle, petitioner is in custody since 02.11.2009 and the rest of the accused have also no criminal antecedent to show them known criminal. If that is taken into consideration, petitioner was entitled for bail but taking nature of the offence, petitioner’s prayer has been refused which never can be justified. I agree with the submission of the learned counsel for the petitioner. Accordingly, the revision application is allowed and the order and judgment of the Board and Appellate court are set aside. 2 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, Munger in connection with G.R. No. 1053A of 2008 arising out of Kharagpur P.S. Case No. 117 of 2008. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. Let the order be communicated to the trial court through F.A.X. at the cost of the petitioner. shail (Mandhata Singh, J.)