IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.478 of 2009 MD.RIJWAN @ RIJWAN KHAN Versus THE STATE OF BIHAR ----------- 8 7.10.2009 Heard learned counsel for the petitioner and the State. One prakash Mishra @ Tillu was kidnapped, later murdered. A suspicion was cast upon the petitioner and other co-accused in the F.I.R. which was corroborated by their confession even leading to recovery of dead body for which the submission of learned counsel for the petitioner is that confession is made before the police and really confession of Sunil Kumar was leading to recovery. He was arrested, his confession was recorded and dead body was recovered. Thereafter petitioner was arrested, his confession was also made before the police and recorded by it. In that also there is mention that recovery was made under direction of his confession which never can be taken as confession leading to recovery. His further submission is that co-accused Sunil Kumar was allowed bail though under section 167 Cr.P.C. and another co-accused Abdul Mannan, who is shown as main assailant, was also - 2 - allowed bail and the petitioner is in custody even his being a juvenile, in my opinion, also discussed circumstance entitles the petitioner for bail while he is in custody since 25.11.2007 which has not been considered by the Juvenile Justice Board as well as by the learned Sessions Judge. However, this revision application is allowed and the judgment and order dated 3.2.2009 passed in Cr. Appeal no. 1/09/2/09 by 5th Additional Sessions Judge, Motihari, East Champaran affirming the order dated 23.12.2008 passed in Juvenile Case no. 14/2008 arising out of Motihari Town P.S.Case No. 330/07 by Juvenile Justice Board, Motihari is set aside. Let the above named petitioner 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, Motihari in the aforesaid case. It is made clear that one of the bailer shall be petitioner’s father who shall undertake to keep the petitioner under his observation and shall produce him whenever is - 3 - ordered by the Juvenile Justice Board. As prayed for, let this order be communicated through fax at the cost of the petitioner to the court below. (Mandhata Singh,J.) AI