IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1104 of 2010 MD. HIRA S/O MD. ISSAK Versus STATE OF BIHAR ----------- 02 27.07.2010 Heard both sides. Petitioner, who has been declared juvenile by Juvenile Justice Board, is aggrieved by the appellate order dated 1st April, 2010, passed by Additional Sessions Judge Fast Track Court No. II, Munger, in Cr. Appeal No. 16 of 2010, whereby his prayer for release has been refused on the ground that his release was likely to bring him in association of known criminals and there is every possibility of the appellant going in contact of known criminals. Petitioner is facing accusations under diverse Sections of Arms Act. The allegation precisely is that he was found running a mini gun factory along with other accuseds. He seems to be in custody since 10.12.2009. It is contended that the impugned order has been passed in breach of the provision as contained in Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 which mandates that a juvenile in conflict with law shall be released on bail with or without surety with appropriate direction with regard to his supervision. It is contention of the petitioner that refusal in these matter is exception. The present application is supported by an affidavit affirmed by his father. He has taken upon himself the responsibility of his son (petitioner). Learned counsel for the petitioner submits that in similar circumstance another co-accused 2 of the present case, namely, Md. Tanweer has been privileged with bail by this Court under order dated 21. 07.2010, passed in Cr. Rev. no. 983 of 2010. A photo copy of the certified copy of the said order has been handed in which is placed on record marked ‘X’. Having considered the submissions advanced on behalf of the parties, this Court is satisfied that a case for indulgence has been made out. Consequently, the impugned orders dated 01.04.2010, passed by Additional Sessions Judge, Fast Track Court No. II, Munger in Criminal Appeal no. 16 of 2010, and order dated 12.01.2010 passed by Juvenile Justice Board Munger in G.R. case no. 2144A/09, arising out of Mufassil P.S. Case no. 305 of 2009 are quashed and set aside. Let petitioner, above named, 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 Sri Shankar Gupta Principal Member, Juvenile Justice Board, Munger in connection with G.R. No. 2144A/09 arising out of Muffasil P.S. Case no. 305 of 2009 subject to the following conditions:- (i) One of the bailors shall be the father of the petitioner. Another bailors shall be own/close relation of the petitioner. (ii) The father (deponent of the present application) shall file an undertaking in terms of the averments made in paragraph nos. 14, 15 and 16 of the 3 present application. (iii) 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 and the Court below shall cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)