IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.919 of 2011 Prashant Kumar @ Bholu @ Bhola s/o Shatrudhan Singh, resident of village- Sarsar, P.S. Siwan (Mufassil),District- Siwan, through his father ad litem. … Petitioner. Versus The State Of Bihar … Opp. Party. ----------- 2. 01.08.2011 The accused-petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 14.7.2011 passed by learned 3rd Additional Sessions Judge, Gopalganj in Cr. Appeal No. 26 of 2011 by which the order dated 6.6.2011 passed by learned Juvenile Justice Board, Gopalganj in J. J. Case No. 181 of 2010 has been confirmed and the prayer for bail of the petitioner has been rejected on the ground that if the petitioner is released, he would come into association of criminal who has not been arrested and the release of the petitioner would be neither in the interest of the petitioner nor in the interest of justice. Heard Mr. Abhimanyu Sharma, learned counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. It is submitted that Mirganj P. S. Case No. 211 of 2010 was instituted by Sangeeta 2 Devi, the wife of the deceased, under Section 302 I.P.C and 27 of the Arms Act against unknown. Later on, during investigation the name of the petitioner has appeared in his confessional statement. It is also submitted that the petitioner has been declared juvenile by the Juvenile Justice Board vide its order dated 28.1.2011. The prayer for bail was made which has been rejected by the learned Juvenile Justice Board vide order dated 6.6.2011, against which order the petitioner preferred criminal appeal which was dismissed by the 3rd Additional Sessions Judge, Gopalganj vide impugned order on the ground that one of the accused is still away and if the petitioner is released, he will meet with that accused and other miscreants. The release of the petitioner will be neither in the interest of the petitioner nor in the interest of justice. Learned counsel for the petitioner further submits that there is no material on record to show that there is reasonable ground for presuming that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical, psychological danger or 3 that his release would defeat the ends of justice. Learned A.P.P. for the State could not controvert the contention of learned counsel for the petitioner while opposing the prayer for bail of the petitioner. After hearing learned counsel for the parties and on perusal of the material on record, it appears that the contention of learned counsel for the petitioner is correct. There is no reasonable ground for believing that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical, psychological danger or that his release would defeat the ends of justice. Considering the facts and circumstances as stated above, in my opinion, the impugned order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Gopalganj in connection with J. J. Case No. 181 of 2010, G. R. No. 2814 of 2010 4 arising out of Mirganj P. S. Case No. 211 of 2010 with following conditions;- (i) One of the bailors must be the father of the petitioner. (ii) The father of the petitioner will take care of the petitioner and he will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board 5 and he will be liable to be taken into custody. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)