IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1512 of 2009 SANTOSH MAHTO @ VIKKY MAHTO, S/o Bisun Dayal Mahto, R/o Vill. Semara, P.S. Sonepur, District-Saran at Chapra. Versus The STATE OF BIHAR ------ 3/ 15.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner along with co-accused Jhingaram Mahto has been alleged for giving knife blow injuring the victim’s abdomen and his back. Prayer for bail is sought on the ground that petitioner is entitled for bail under Section 12 of the Juvenile Justice Act as none of the three ingredients to be taken for refusal of bail is existing in the case and observation of the Sessions Court is misconception that there is nothing on record to show that after release, petitioner will not come in association of known criminals. Law is clear on the point that like accusation it is for the investigating agency to collect evidence and for prosecution to place that material is available to show that petitioner’s release is likely to bring him into association with any known criminal or expose him moral, physical or psychological danger or his release would defeat the ends of justice, which is absent in the case, rather both the assailants including this petitioner has no criminal antecedent, as observed in paragraph-36 of the case diary. Further, there is no mention about their having association of any other known criminal. Apart from this, petitioner is in custody since 25.05.2009. Accordingly, the prayer of the petitioner is allowed. The 2 Judgment and order dated 28.08.2009 passed by the Sessions Judge, Saran at Chapra in Juvenile (Cr.) Appeal No. 84 of 2009 as well as Order dated 19.08.2009 passed by the Principal Magistrate, Juvenile Justice Board, Saran at Chapra is set aside. Let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri V.S. Pandey, Principal Magistrate, Juvenile Justice Board, Saran at Chapra in connection with U.Tr. No. 178 of 2009 arising out of Sonepur P.S. Case No. 32 of 2009. However, one of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. A.F.R. shail (Mandhata Singh, J.)