IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.328 of 2010 RABI MANJHI @ RAVI MANJHI @ RAVI KUMAR PASWAN, S/o Ram Bilas Manjhi @ Ram Bilas Paswan Versus The STATE OF BIHAR ------ For the petitioner : Mr. Kanhaiya Pd. Singh. For the A.P.P. : Mr. Pramod Kumar Pandey. --- 2/ 08.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that gravity of the offence has not to be taken into consideration while rejecting bail application of a juvenile in conflict with law. There are three exceptions only which can be taken to reject the prayer but the impugned order as well as the order passed by the Juvenile Justice Board is clear to show that Section 12 of the Juvenile Justice (care and protection of children) Act has not been taken into consideration at all. Further submission of the learned counsel for the petitioner is that petitioner is an examinee of intermediate and examination is going to be held on 16.03.2010. Mandate of section 12 of the Juvenile Justice (Care and Protection of Children) Act has not been taken into consideration which is relevant to conclude that the order passed by both the Board and Sessions are not liable to remain sustained. Examination is 2 relevant in case for giving opportunity to petitioner to appear in the examination. Accordingly, the order dated 17.02.2010 passed by the IIIrd Additional District & Sessions Judge, Gopalganj in Cr. Appeal No. 03 of 2010/1/2010 and the order dated 05.01.2010 passed by the Juvenile Justice Board, Gopalganj in G.R. No. 1295/09/J.E.53/2009 are hereby set aside. The case is remitted back to the Juvenile Justice Board to decide the same afresh in accordance with law including the provision under Section 12 of the Juvenile Justice (Care and Protection of Children) Act. In the meantime, the above named petitioner is directed to be released on bail from today i.e. 08.03.2010 to 30.04.2010 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Judge, Juvenile Justice Board, Gopalganj in connection with G.R. No. 1295/09/J.E. Case No. 53 of 2009 arising out of Kuchaikote P.S. Case No. 78 of 2009. On 30.04.2010 after surrender of the petitioner, his bail application shall be decided on merit on the same day. shail (Mandhata Singh, J.)