IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.871 of 2011 Ujjawal Kumar @ Ujjawal Uthap @ Uptal, minor son of Sri Ram Lalit Prasad Singh, resident of village-Gamharia, P.S.-Majorganj, District- Sitamarhi, presently residing in Officers’ Flat, Police Line, Begusarai, P.S.- Begusarai Town, District- Begusarai. Versus The State Of Bihar . 2. 21.07.2011 The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 6.05.2011 passed by the learned Sessions Judge, Begusarai in Cr. Appeal No.28/2011 by which the prayer to set aside the order dated 5.01.2011 passed by the learned Juvenile Justice Board, in Begusarai Town P.S. Case No.359/2010 under Sections 379 and 411 of the I.P.C. to direct him to release on bail has been rejected. Heard Mr. Akhileshwar Prasad Singh, learned counsel for the petitioner and Mrs. I.B. Pandey, learned A.P.P. for the State. The main contention of the learned counsel for the petitioner is that the petitioner has been declared juvenile by the learned Juvenile Justice Board. He further submits that earlier the petitioner was made accused in Phulwari P.S. Case No.6/2010 for offences punishable under Sections 379/411 of the I.P.C. and also in Barauni Rail P.S. Case No.6/10 for offence punishable under Sections 379/411 of the I.P.C. Due to enmity 2 between the local police and father of the petitioner, he has been implicated in the case one after another. He was granted bail by this Court in Barauni Rail P.S. Case No.6/2010 with condition that the if the petitioner is found involved in any other case in future, the same should be treated as breach to the condition of bail and the trial court was directed to take appropriate steps to cancel his bail bond as well as to arrest him in accordance with law and thereafter he was arrested in Begusarai Town P.S. Case No.359 of 2010 and his bail bond has also been cancelled in Barauni Rail P.S. Case No.6/10 as well as Fulwaria P.S. Case No.6/10 and the petitioner has been in custody in the present case since 3.08.2010. It has further been submitted that there is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. It is further submitted that mother of the petitioner will take care of the petitioner and she will produce the petitioner in the court as and when required. Learned A.P.P. for the State could not controvert the contention of the petitioner while opposing the prayer of the petitioner. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears that 3 the petitioner is an accused in three cases. In this case, he has been in custody since 3.08.2010. There is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be sustained and the same is set aside. The petitioner above-named is directed to be released on bail on furnishing bail bond of Rs.10,000/-with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Begusarai in Begusarai Town P.S. Case No.359 of 2010, G.R. No.2698/2010 with condition that the petitioner will not indulge in similar or in any other offence and one of the bailors must be the father of the petitioner, who will produce the petitioner in the court if and when required and in case of his absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile Justice Board, Begusarai and he will be taken into custody. In the result, this application is allowed. V.K. Pandey ( Amaresh Kumar Lal, J.)