IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1515 of 2008 DHARMENDRA YADAV @ JAY PRAKASH YADAV Versus STATE OF BIHAR ----------- 2/ 13.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The criminal revision has been filed on behalf of petitioner Dharmendra Yadav @ Jay Prakash Yadav who has been represented through his father challenging the order dated 20.11.2008 in Criminal Appeal No. 43 of 2008 by learned Sessions Judge, Ara whereby the prayer for released for petitioner was rejected and thus the order passed by the Juvenile Justice Board was affirmed. Earlier the petitioner has come up to this Court for grant of bail. His prayer for bail was rejected vide Annexure-1 on 17.07.2006 in Cr. Misc. No. 23584 of 2006. Later on he filed another application for bail and took plea that he is a juvenile. His prayer for bail was rejected on 20.02.2007 in Cr. Misc. No. 8260 of 2007. However, it was observed that the petitioner may took plea of juvenile and thereafter the Court shall be at liberty to pass appropriate order and it will not get prejudiced. Submission of the learned Counsel for the petitioner is that the petitioner has taken plea of a - 2 - juvenile. According to the provisions of Juvenile Justice (Care and Protection of Children Act) an enquiry was made and the petitioner has been declared to be a juvenile by the Juvenile Justice Board, Ara in J.B. No. 90 of 2008 on 18.08.2008 but his prayer for bail has been rejected and that order has been affirmed by the Board. Then there is mandatory provision that a juvenile has to be released on bail. The grant of bail is rule and rejection has been made as exception and rejection can be only made on grounds which are mentioned in Juvenile Justice Act. None of the grounds for rejection of the bail of a juvenile in conflict with law is available on the record. So the Courts have erred in the rejecting the prayer for bail. The petitioner has been declared to be a juvenile. He has almost completed the sentence which can be awarded to be a juvenile as he is in custody since 03.11.2005. When the petitioner has been declared to be a juvenile within the mandate of Juvenile Justice Act then the provisions of bail to be followed and accordingly I am of the view the orders of the Court below have not given cogent reasons for rejection of prayer for bail. Accordingly the order of the Juvenile Justice Board, Bhojpur at Ara is set aside. The revision is allowed. The petitioner Dharmendra Yadav @ Jay - 3 - Prakash Yadav 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 Juvenile Justice Board, Bhojpur at Ara in connection with J.J.B. No. 19 of 2008 arising out of Barhara P.S. Case No. 165 of 2005. kksinha/ (Shyam Kishore Sharma, J.)