IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.744 of 2011 Shiwanshu Kumar @ Karu, son of Bameshwar Singh, resident of village-Chorkawan Upardih, P.S.-Rafiganj, District- Aurangabad. Versus The State Of Bihar . ----------- 4. 26.07.2011 Learned counsel for the petitioner is permitted to correct the name of the Act. The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 7.06.2011 passed by the learned Sessions Judge, Aurangabad in Cr. Appeal No.12/2011 by which he has confirmed the order dated 20.04.2011 passed by learned Juvenile Justice Board, Aurangabad in G.R. No.1377/10, Trial No.504/11 arising out of Rafiganj P.S. Case No.77/10 and the appeal has been dismissed and the prayer of the petitioner for bail has also been rejected. Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned counsel for the State. The main contention of the learned counsel for the petitioner is that the petitioner was declared a juvenile by the learned Juvenile Justice Board vide order dated 20.04.2011. His prayer for bail was rejected by the Juvenile Justice Board vide order dated 20.04.2011. Thereafter, the petitioner preferred Cr. Appeal No.12/11 before the learned Sessions Judge, which has 2 been dismissed by the impugned order dated 7.06.2011 on the ground that allegation itself shows that the petitioner is in the habit of using firearm and there is every possibility that he may mix with the bad elements of the society. He further submits that there is no material on the record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. This is also apparent from the report of the Probation Officer. Learned A.P.P. for the State could not controvert the contention of the petitioner. After hearing the learned counsel for both the parties and on perusal of the materials on record as well as report submitted by the Probation Officer, it appears that there is no criminal antecedent against the petitioner and there is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. Considering the facts and circumstances as stated above, in my opinion, the impugned order is not fit to be sustained and the same is set aside. The petitioner above-named is directed to be released on bail on furnishing bail bond of 3 Rs.10,000/-with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Aurangabad in G.R. No.1377/10, Trial No.504/2011 arising out of Rafiganj P.S. Case No.77/10 with the following terms and conditions : (i) The petitioner will not indulge in similar or in any other offence. (ii) The parents of the petitioner will take care of the petitioner and father of the petitioner will produce him in the court if and when required. (iii) In case of his absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile Justice Board and he will be taken into custody. In the result, this application is allowed. Let this order be communicated to the trial court through fax at the cost of the petitioner as prayed for. V.K. Pandey ( Amaresh Kumar Lal, J.)