IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1424 of 2009 PINTU KUMAR YADAV @ PINKU KUMAR @ BIBHUTI KUMAR, son of Ramendra Yadav, resident of village-Kashimpur, P.S.-Nauhatta, Distt.-Saharsa -----------------------------Petitioner. Versus STATE OF BIHAR . ------------- 5. 3.11.2009 Heard the parties. Petitioner’s name appeared in a case of murder of informant’s son that also in course of investigation. Here the question raised on behalf of learned counsel for the petitioner is that the ground taken even by the appellate court for refusal of petitioner’s bail is not liable to be sustained. In concluding the reasoning for refusal of bail in para-12 of the order it is mentioned that release of the appellant shall bring him into association with known criminal and shall expose him to moral, physical and psychological danger. Section 12 of the Juvenile Justice(Care & Pretection of Children) Act can only be taken for refusal of bail of the juvenile also which is lacking in the case. Land dispute is said to be the reason behind the incident. Learned counsel for the State also fails to point out any material on record that there was chance of petitioner’s coming in association of known criminals as none of his associates was found having any criminal incident. Only accusation of juvenile can never be taken as a chance to expose the juvenile to moral, physical and psychological danger without aid of anything more which is lacking in the case and petitioner is in custody since 20.8.2008. The revision petition is allowed. The order dated 16.1.2009 passed by Sri Rajesh Singh, Judicial Magistrate, Ist Class, Juvenile - 2 - Justice Board, Saharsa, in connection with Nauhatta P.S. case no.47 of 2003 (G.R. no.862 of 2003) and the order dated 4.4.2009 passed by the District and Sessions Judge, Saharsa, in Cr. Appeal no.3 of 2009 are set aside. Let the above named petitioner 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 the Juvenile Justice Board, Saharsa, in connection with G.R. no.862 of 2003 arising out of Nauhatta P.S. case no.47 of 2003 subject to the condition that one of bailors shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce the petitioner in court whenever he is required by the court. sudip ( Mandhata Singh, J )