IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1908 of 2009 GOPI RAI @ SUMIT RAI, S/O- LAXMAN RAI, R/O- VILLAGE SIRSIYA, P.S.- KANTI, DISTRICT- MUZAFFARPUR. Versus THE STATE OF BIHAR For the petitioner : Mr. S. Parasmani, Advocate For the State : Mr. Atul Chandra, A.P.P. ----------- 4 06.07.2010 Heard both sides. Petitioner is aggrieved by the order dated 5.10.2009 passed in Cr. Appeal no. 100 of 2009 by 4th Additional Sessions Judge, Muzaffarpur whereby his prayer for bail on the ground that he is juvenile has been considered and rejected. Petitioner was made accused in Kanti P.S. case no. 18 of 2009 under Section 395 Indian Penal Code which was lodged against unknown. Petitioner, on his application, was declared juvenile by order dated 16.7.2009. He is in custody since 22.1.2009. It appears from the record that there is no direct evidence against him. He has been made accused on the ground that earlier he had threatened the informant with dire consequences. Learned counsel for the petitioner submits that the mother and father (deponent of the affidavit enclosed with the present application) shall furnish sureties and it shall be the duty of the surety to keep vigil on him and to produce him before the Court as and when called upon. Considering the period of incarceration and materials available on record as also the submissions advanced on behalf of the petitioner, this Court is inclined to release the petitioner on 2 bail. Let petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Muzaffarpur in connection with Kanti P.S. case no. 18 of 2009 subject to the following conditions: (i) Both the bailors shall be father and mother of the petitioner. (ii) The father of the petitioner shall furnish an undertaking that he shall monitor the petitioner and produce before the Court as and when required. (iii) During his release on bail, if the petitioner is involved in any criminal case, the same shall be considered as breach to the condition of bail and the court below shall be at liberty to cancel the bail bond of the petitioner and ensure his arrest and remand to the jail custody/remand home. pkj ( Kishore K. Mandal, J. )