IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1278 of 2010 BHIM SINGH S/O TUNTUN SINGH @ ANIL SINGH Versus STATE OF BIHAR ----------- 02 27.08.2010 Heard both sides. Present revision application has been filed seeking bail in a case instituted under diverse Sections of the Penal Code including Section 302 of the Penal Code. Allegation is that altogether 08 persons armed with fire arms indiscriminately fired at the victim as a result whereof he died while being carried to the hospital. There is specific allegation that 04 persons including this petitioner and 03 others fired which hit the different parts of the body. On claim being raised 02 of the accuseds, namely petitioner and one Vivek Kumar Singh were declared juvenile. It is contended that the petitioner is lodged in the remand home since 07.10.2009. The bail of the present petitioner was dismissed on the ground of limitation. Referring to the ground no. III, it is contended that co-accused, namely, Vivek Kumar Singh has been released on bail by learned Additional District and Sessions Judge, Fast Track Court Ist Buxar in Cr. Appeal no. 17 of 2010. The bail of the petitioner dismissed on the ground of limitation. Learned counsel referring to the averments made in paragraph no. 21 submits that he has no criminal antecedents. The uncle of the petitioner has taken upon himself all the responsibilities respecting the petitioner if released on bail In view of the fact that co-accused,namely, Vivek Kumar Singh has already been privileged with bail, this Court is persuaded to allow the present application. Consequently the impugned order dated 30-07-2010 and 16-03-2010 passed in Cr. Appeal no. 53 of 2010 and J.J.B. No. 196 of 2010 are quashed and set aside. Petitioner is directed to 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 the Principal Magistrate Juvenile Justice Board in connection with Buxar in Simari P.S. Case no. 136 of 2009 subject to the following conditions:- (i) One of the bailors shall be the deponent of the present case, namely, Ram Vilas Singh. Another bailors shall be a close family member. It shall be the duty of the uncle to produce the petitioner on the date fixed at the trial. In case of default in such personal appearance on two consecutive dates the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. (ii) During the pendency of this application, if it is found that the petitioner has involved himself in any criminal case, the same shall be treated as breach of the conditions of bail passed by this Court which will entail cancellation of bail. Sym ( Kishore K. Mandal, J.)