IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.690 of 2011 ASADULLAH KHAN @ ASADULLAH AHMAD Versus THE STATE OF BIHAR ----------- 03. 21.06.2011 Heard both sides. Petitioner who have been declared juvenile in conflict with law is aggrieved by order dated 26th May,2011, passed on Cr. Appeal (Juvenile) no.36 of 2011 by learned Sessions Judge, Gaya rejecting his prayer for release from the remand home. The concluding lines of the order reads as follows: However, the appellant/juvenile delinquent will be at liberty to move for fresh bail after three months with undertaking given by their parents.” Learned counsel for the petitioner submits that because of some disputes arisen between the two parties, the occurrence had taken place. It is submitted that there is a counter version of the present case in the shape of an FIR (Annexure-2) lodged by one of the accuseds of the present case. Learned counsel submits that six other accused persons of the present case were privileged with anticipatory bail by this Court in Cr. Misc. No. 14429 of 2010. His prayer for anticipatory bail stood rejected by order dated 4.8.2010 on the ground that he was shown minor/juvenile and, as such, he should surrender and get his age assessed by the court. It is also submitted that he does not carry any criminal antecedent. It is the stand of the petitioner that upon a claim raised on his behalf, he has already been 2 declared juvenile. Paragraph 19 of the application is extracted hereinbelow: “That the father of this petitioner under takes to take care and keep the petitioner under control and guidance and will produce him before the Board as and when required.” In the facts and circumstances of the case, this Court while setting aside the order impugned, directs release of the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Gaya in connection with Juvenile Trial No. 1260 of 2011 arising out of Barachatti P.S. Case No.283 of 2009 subject to the condition that one of the bailors shall father of the petitioner. It shall be the duty of the father to live up to his submissions taken note hereinabove and to produce the petitioner before the court as and when his appearance is required. In case of default in such appearance, the court below shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. During subsistency of this privilege if it is found that he is involved in any other criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )