IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1452 of 2011 Shaurabh Kumar @ Tinku, S/o. Ajai Sharma, R/o. Mohalla Uttam Nagar, P.S. & Distt. Jehanabad. Versus The State Of Bihar ---------------------------------- 03. 22.12.2011 This revision application has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act against the judgment and order dated 16.11.2011 passed by the learned Sessions Judge in Cr. Appeal No. 36 of 2011, by which the appeal has been dismissed and the order dated 14.10.2011 passed by the learned Juvenile Justice Board, Jehanabad in Jehanabad P.S. Case No. 409 of 2011, G.R. No. 1830 of 2011 has been confirmed. The main contention of the learned counsel for the petitioner is that the petitioner has been declared a juvenile by the Juvenile Justice Board vide order dated 06.09.2011 but his prayer for bail has been rejected by the Juvenile Justice Board vide order dated 14.10.2011. Thereafter the petitioner filed Cr. Appeal No.36 of 2011, which has been dismissed and the prayer for bail of the petitioner has also been rejected on the ground that if the petitioner is released on bail there is chance that he may fall into the association of known criminals and the offence is also serious in nature. Learned counsel for the petitioner submits that there 2 is no material in the case-diary to draw such inference. The parents of the petitioner are ready to look after the petitioner. The petitioner has no criminal antecedent which is also apparent from the report of the Probation Officer received vide letter no. 34 dated 26.09.2011. Mr. Abhay Kumar-I, the learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer. Considering the facts and circumstances as stated above it appears that the contention of the learned counsel for the petitioner is correct. The impugned order is not fit to be sustained. The impugned order is set aside. The petitioner is directed to be released on bail on furnishing bail-bond of Rs.10,000/-(Ten thousand) with two sureties each to the satisfaction of Juvenile Justice Board, Jehanabad in Jehanabad P.S. Case No. 409 of 2011 with the following conditions. (i) One of the bailors will be the father of the petitioner. (ii) Father of the petitioner will produce the petitioner in the Court if and when required. (iii) The petitioner will not indulge in similar or in any other offence. 3 (iv) 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 court-below through fax at the cost of the petitioner. Mkr. ( Amresh Kumar Lal, J.)