IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.983 of 2010 MD.TANWEER Versus THE STATE OF BIHAR ----------- 03. 21.07.2010 Heard both sides. Petitioner who has been declared juvenile by Juvenile Justice Board, is aggrieved by the appellate order dated 01.04.2010, passed by Addl. Sessions Judge F.T.C.-II, Munger in Cr.Appeal No.16/2010, whereby his prayer for bail has been refused on the ground that his release was likely to bring him in association of known criminal and there is possibility of the appellant going in contact of known criminals. Petitioner is facing accusations under diverse section of the Arms Act with allegation that he was found involved in running one mini gun factory. He is in custody since 10.12.2009. Learned counsel for the petitioner submits that impugned order has been passed in breach of the provisions of section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 which mandates that a juvenile in conflict with law shall be released on bail with or without surety with appropriate direction with regard to his supervision. Refusal, according to learned counsel, is exception. It is contended that on paltry accusation it has been inferred by the court below that his release will bring him into association with known criminal or expose him to moral, physical or psychological danger. The present application is supported by an affidavit affirmed by his father. He has taken upon himself the responsibility to monitor and/or supervise the conduct of his son after his release and that he shall - 2 - ensure that he is not involved in any offence during the period of his release on bail. Considering the said stand of the father of the petitioner, this Court is persuaded to release the petitioner on bail. The deponent of the present case (father of the petitioner) shall file an undertaking in the court below that after release, he shall monitor and supervise the conduct of his son(petitioner) and if it is found that he has not mended his way he shall immediately approach the court concerned for cancellation of bail and remanding him to judicial custody. Let the petitioner abovenamed 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 Sri Shankar Gupta Principal Member, Juvenile Justice Board, Munger in connection with G.R.No.2144A/09 arising out of Muffasil P.S.Case No. 305/09 subject to the condition that one of the bailors shall be his own/close family member and that the father of petitioner shall file an undertaking in terms of what is indicated hereinabove. During the pendency of this application if it is found that he is involved in any criminal case, the same shall be treated as breach of the conditions of this order and the court below shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. hr ( Kishore K. Mandal )