IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.100 of 2010 MD. CHHOTU @ MD. SHAMIM, Son of Imtiaj Ali, resident of Mohalla- Kishunbagh, Police Station-Bettiah Town, District-West Champaran, represented through Imtiaz Ali father and natural Guardian of the petitioner. .......Petitioner. Versus THE STATE OF BIHAR.........................................................Opposite Party. ----------- For the petitioner: Mr. Sanjay Kumar, Advocate. For the State : Mrs. Indu Bala Pandey, A.P.P. ----------- 2. 28.01.2010. Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The prosecution case is that the petitioner inflicted knife blow on the neck of the deceased on the point of his refusal to provide him the Biscuit which he was eating. Admittedly, in the case, the petitioner is declared Juvenile and according to the learned counsel his age is assessed by the Juvenile Justice Board about 10 years in between 07-12 years. The age is said relevant as Indian Penal Code also considers some relief if the child appears attaining not sufficient maturity of understanding. In that case his act is no offence at all. If that is followed by the relief given under Section 12 of the Juvenile Justice (Care and Protection Children) Act. Under the circumstance of the case that it was the solitary act of the petitioner in causing the injury that for petty reason, in my view if the petitioner had attained maturity nature of the act might be used for realizing valuable articles. Solitary act is relevant that there was no chance of mixing with known criminals. The deceased was also of the same age group which has not been considered by the Juvenile Justice Board or by the learned Additional Sessions 2 Judge, F.T.C.IV, West Champaran, Bettiah. Considering the facts and circumstances of the case, this criminal revision application is allowed and the order dated 15.10.2009 passed by the learned Additional Sessions Judge, F.T.C.IV, Bettiah, West Champaran in Cr. Appeal No. 77 of 2009 affirming the order dated 10.9.2009 passed by the learned Juvenile Justice Board, Bettiah in Juvenile Trial No. 374 of 2009/ 307 of 2010 arising out of Bettiah Town P.S. Case No. 96 of 2009 is set aside. Accordingly, the petitioner Md. Chhotu alias Md. Shamim is directed to 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, Bettiah, West Champaran in connection with Juvenile Trial No. 374 of 2009/307 of 2010 arising out of Bettiah Town P.S. Case No. 96 of 2009 with a condition that one of the bailors should be the father of the petitioner who shall undertake to keep the petitioner under his control and produce whenever is required. Let the order be faxed to the court below at the cost of the petitioner. U.K. (Mandhata Singh,J)