IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.900 of 2009 CHANDAN KUMAR Versus STATE OF BIHAR ----------- 3 02.07.2009 Heard both sides. Petitioner is aggrieved by the order dated 07.05.2009 passed by the learned Sessions Judge,Gaya refusing his release from the custody. The said order passed on an appeal preferred by the petitioner against the order dated 24.04.2009 passed by the Principal Magistrate, Juvenile Justice Board, Magadh Division, Gaya whereby his prayer for bail was rejected. The sole petitioner herein is charged under Sections 395 and 397 of the Penal Code. The F.I.R. was lodged against unknown. It is contended that few days after the occurrence the petitioner was arrested by the police on 17.02.2009 on the strength of the fact that he had made a call to the daughter of Upendra Singh from the mobile which is said to have been looted in course of dacoity. The daughter of Upendra Singh is said to have made a statement that the petitioner was related to her being cousin brother of the brother in law of Rinku Singh. Learned counsel for the petitioner submits that the Juvenile Board has already declared him as juvenile under order dated 13.04.2009, and as such, he should be released on bail. It is further contended that he is in custody since 17.02.2009. 2 Learned counsel for the petitioner further submits that the present bail application has been affirmed by non other than father of the petitioner and that the deponent (father) is prepared to take all responsibilities of the child/petitioner and to produce him before the Court as and when required. Having considered the submissions and after going through the record, this court, for the present, agreeing with the view taken by the Courts below does not propose to release him from the custody. The present application is disposed of in the following manner: Let the trial court take appropriate steps to conclude the prosecution evidence on or before 31st of October, 2009, failing which the court below shall release the petitioner 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 learned Principal Magistrate, Juvenile Board, Magadh Division, Gaya,in connection with Jehanabad G.R.P. P.S. Case No. 2/09, G.R.No. 18/09/Tr.No. 968/09. In the event the petitioner is granted bail in terms of the aforesaid order, the same shall be subject to the following conditions: (a) One of the bailors shall be the father (deponent) of the present case. (b) Father( deponent) of the present application shall file an affidavit to the effect that he will take all responsibilities of the child and that he shall produce 3 the petitioner in court as and when required by the court for further order, if any. He shall further keep guard against petitioner falling in the association of anti social elements. With this observation, the present application is disposed of. Sym/ (Kishore K. Mandal, J.)