IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.949 of 2009 MD.ALLAUDDIN Versus THE STATE OF BIHAR ----------- For the petitioner: Mr. Amit Kumar Singh, Advocate. For the State: Mr. R.B.Roy, Raman,A.P.P. 2 06.07.2009 Heard both sides. The sole petitioner seeks bail in a case instituted under Sections 394 and 302 of the Penal Code. As per allegation in the F.I.R, while the deceased was traveling on a train three accused persons pulled him down from the train, assaulted him and snatched a sum of Rs. 7000/- and other belongings. In course of investigation, the name of the petitioner transpired as one of the miscreants involved in the present case on the basis of the statement of the some of the witnesses including the confessional statement of co-accused Manish Goshwami. Learned Sessions Judge while considering his prayer for bail has taken note of the fact that the name of the petitioner surfaced as one of the miscreants immediately after the occurrence. It is contended that he is in custody since 04.12.2008. The Juvenile Board has declared him juvenile under order dated 17.04.2009. However, his prayer for bail was refused on the ground that looking to the materials available on record there is every likelihood of the petitioner coming in the 2 association of known criminals after his release. Both the courts below have taken this view on the basis of the materials so available on record. Learned counsel for the petitioner submits that the father of the petitioner is prepared to take over the responsibilities of the petitioner if he released on bail and shall also produce him before the court as and when required. In paragraph no.9, it has been observed as under:- “9. That the deponent of this case is father of the petitioner. He undertakes that he will keep and look after the petitioner very care fully and assures that he will not allow the petitioner to go into associations with any unknown criminal or expose him to moral physical psychological danger or to defeat the ends of justice.” Having regard to the materials on record, this court, while rejecting the prayer for bail at this stage, observes as under: Let learned trial court make endeavor to conclude the trial itself within six months from the date of the receipt of a copy of this order in the court below, failing which the trial court 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 Juvenile Justice Board, Chapra in J.T. No. 193/2009, arising out of Rail ( Muzaffarpur) P.S.Case No. 24 of 2008. In the event the petitioner is granted bail in terms of the present order, the same shall be subject to the following conditions: (I) One of the bailors shall be the father 3 of the petitioner. (II) The father shall file an affidavit in terms of the statements/observations made/noted hereinabove. Sym/ (Kishore K. Mandal, J.)