IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1087 of 2011 1. Gautam Kumar S/O Kedar Singh Through His Legal And Natural Guardian I.E. Kedar Singh, S/O Ram Swaroop Singh R/O Vill. Lohiya Nagar, P.S. Town, Distt. Begusarai ---Petitioner Versus 1. The State Of Bihar ---Opp.Party. ---------------------------------- 03 09.11.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. This is repeat application filed on behalf of the petitioner who has been declared juvenile in a case instituted under Section 302 and other allied Sections of the Penal Code. Earlier petitioner had moved this Court for bail which was considered and rejected by order dated 13.1.2011 passed in Cr. Rev. no. 23 of 2011 (Annexure-1). While rejecting his application, this Court observed as under in the penultimate paragraph of the order:- “As noticed above, petitioner is in custody since 22.5.2010. In that view of the matter, this Court observes that let the Court below endeavour to take up the trial expeditiously.” A report from the concerned Probation Officer was called for which has been received and is placed at Flag-„A‟. It appears therefrom that, on verification, it was found by him that there is no criminal antecedent of the petitioner as well as any family member of the petitioner. Learned counsel for the petitioner submits that he is lodged in the remand home/custody since 22.5.2010. Learned counsel also handed in a certified copy of the order passed between 2 09.02.2011 to 23.08.2011. No witness could be examined in the present case. In fact, from perusal of the order sheet, it appears that the matter remained pending for non- production of the petitioner from the remand home/custody. Learned counsel submits that the father of the petitioner, who has affirmed the affidavit, is ready and willing to take upon himself the entire responsibilities respecting the petitioner including producing the petitioner in Court on the date (s) fixed at the trial. Paragraph no.10 of the application states as under:- “10. That, the father of the petitioner is ready to file affidavit with an undertaking that he will keep boy in his safe custody and he will not allow him to mix with the company of criminals and will pursue his study.” Having regard to the aforesaid facts and the submissions made by learned counsel, this Court is persuaded to direct release of the petitioner from the remand home/custody. Let petitioner, named above, 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, Begusarai in connection with G.R. case no. 1476 of 2010 arising out of Begusarai Town P.S. case no. 224 of 2010, subject to the following conditions: (i) One of the bailors shall be the father of the petitioner. (ii) It shall be the duty of the aforesaid bailor to monitor the conduct of the petitioner and live up to his statement made in para 10 noticed, hereinabove, and to produce him in Court in person as and when called upon. 3 (iii) During subsistency of the present privilege if petitioner involves himself in another criminal case the same shall be treated as a breach of the condition of bail entailing cancellation. Sym ( Kishore K. Mandal, J.)