IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.143 of 2010 SAHID @ MD. RIZWAN Versus STATE OF BIHAR ----------- For the petitioner: Mr. K.N.Diwakar For the State: Mr. U.S.Pd.Singh,APP ------------- 6 30.3.2010 This revision application has been preferred against the order dated 13.1.2010 passed by Sessions Judge, Muzaffarpur in Cr.Appeal no. 145/09 by which he dismissed the appeal and confirmed the order dated 11.12.2009 passed by Juvenile Justice Board, Muzaffarpur in Sakra P.S. Case No. 337/09 whereby he has rejected the prayer for bail of the petitioner. Heard learned counsel for the parties. Petitioner is one of the assailants of the deceased who assaulted him by means of fist and slap but resulted into the death of informant’s son (deceased). At earlier occasion also it is said that they had assaulted even thrown acid on the person of the deceased. Now the prayer for bail is sought on the ground of being the petitioner juvenile which can be refused in the following restricted conditions: If the release of the petitioner is 2 likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, none of the co-accused/associates of petitioner have any criminal antecedent so, there is no chance at all about petitioner’s coming in association of any known criminal. Circumstance of the case goes to show that there was quarrel in between the deceased and this petitioner, at earlier occasion also he was assaulted. No weapon is used, so the second and third conditions are also not appeared applicable in the case. Both the courts below have taken the nature of the case for refusal of bail which never can be justified. 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, Muzaffarpur in Sakra P.S. Case No. 337 of 2009. It is made clear that one of the bailer shall be petitioner’s father who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the 3 Juvenile Justice Board. The judgments and orders of both the courts below are set aside. Let this order be communicated to the court below through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)