IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.214 of 2010 INDRAJIT RAI @ GUDDU RAI Versus STATE OF BIHAR ----------- 2 23.2.2010 This revision application has been filed for setting aside the order dated 22.1.2010 passed by Sessions Judge, Patna in Cr. Appeal No. 7 of 2010 by which he dismissed the appeal and affirmed the order dated 16.12.2009 passed by Juvenile Justice Board, Patna City in J.J.B.Case no. 286 of 2009 arising out of Bihta P. S. Case No. 199 of 2009 whereby he refused to release the petitioner on bail. Heard learned counsel for the parties. I find substance in the petition made on behalf of learned counsel for the petitioner that while rejecting petitioner’s bail, provision of section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred to as ‘the Act’) has not been taken into consideration, in appeal that is confirmed but adding something more about chance of petitioner’s release to bring him into association of known criminals, without referring the criminal or relevant paras but in each and every case it is bounded duty of 2 Juvenile Justice Board to consider the provision of section 12 of the Act. Three conditions are there only for refusal of bail to a juvenile in conflict with law without taking into consideration the gravity of the allegation. In the result, both the orders of the court below are set aside. The case is sent back to the Juvenile Justice Board, Patna City to decide the same in accordance with law specifically in view of provision of section 12 of the Act. Let this order be communicated to the court of Juvenile Justice Board, Patna City in J.J.B.Case no.286 of 2009 through fax at the cost of the petitioner. AI ( Mandhata Singh, J.)