IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.48 of 2010 DEEPAK PODDAR Versus STATE OF BIHAR ----------- 05. 23.07.2010 Heard both sides. Petitioner who has been declared juvenile seeks bail in a case instituted under diverse section of the Penal Code including sections 384 and 307 IPC. It is stated that he is in custody since 18.12.2008. Prayer for bail has been refused by the court below on the ground that one of the co-accuseds of this case who was also declared juvenile was accused in over three dozens of cases. It has thus been concluded that his release may bring him into association of known criminals. It is contended that aforesaid co-accused, namely, Rohit Singh @ Rohit Kumar has since been released on bail in Cr.Rev. No.517 of 2010. The father of the petitioner has filed a supplementary affidavit stating therein as under in paragraph nos.5,6,7 & 8: 5. That I am also undertake to present the petitioner on each and every date during the course of trial if he be released by this Hon’ble Court. 6. That I also undertake that petitioner will never indulge himself in any crime after his release from this Hon’ble Court. 7. That if he will be accused in any other case or he will indulge himself in any criminal activity then I myself will inform the court concern and file a petition for cancellation of his bail. 8. That the deponent undertakes to - 2 - abide by any terms and conditions impose by this Hon’ble Court. In the facts and circumstances of the case, the impugned orders are set aside. The petitioner abovenamed is directed to 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 Principal Magistrate, Juvenile Justice Board, Begusarai in Nao Kothi P.S.Case No.76 of 2008, G.R.No.2873/08 subject to the condition that one of the bailors shall be his own/close family member. The father of the petitioner shall file an undertaking in terms of the statement taken note of hereinabove. It will be the obligation of the father to produce the juvenile on the date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial court shall cancel his bail bonds and secure his arrest in accordance with law. If it is found that during the pendency of this application he is involved in any other criminal case, the same shall be treated as breach of conditions of the present order. hr ( Kishore K. Mandal )