IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.562 of 2008 BALWANT RAI @ BALWANT SINGH Versus THE STATE OF BIHAR ----------- 2. 24.6.2008. Heard learned counsel for the petitioner and the State. Petitioner has been adjudged to be a juvenile by the Juvenile Justice Board under orders dated 13.3.2008, Annexure-2 but his prayer for grant of bail has been refused under orders dated 7.5.2008 which has also been affirmed by the appellate court(Sessions Judge, Saran) under orders dated 20.5.2008 passed in Cr. Appeal No. 54 of 2008. Neither the order of the Juvenile Justice Board nor of the appellate court indicates that the grounds in terms of Section 12 of the Juvenile Justice(Care and Protection of Children) Act, 2000(hereinafter referred to as the Act) is made out to detain the petitioner in a juvenile home. From the orders of the Juvenile justice Board it appears that the prayer of the petitioner for grant of bail has been refused on the ground that he is one of the assailants who assaulted the deceased with lathi. In terms of Section 12 of the Act prayer of the juvenile can be refused if he is likely to mix with criminals or is likely to expose himself to moral, physical or psychological danger or the release is likely to defeat the ends of justice. None of the aforesaid grounds are made out from the facts indicated in the order of the Juvenile Justice Board or the appellate court. In the circumstances, the detention of the petitioner in the juvenile home is wholly contrary to the provisions contained in Section 12 of the Act and the order dated 7.5.2008 passed by the Juvenile Justice board, Saran as also the order of the appellate court(Sessions Judge, Saran) dated 20.5.2008 passed in Cr.Appeal No. 54 of 2008 are set aside and the petitioner, namely, Balwant Rai @ Balwant Singh is directed to be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Saran in connection with Hathua P.S.Case No. 15 of 2007 corresponding to J.Tr. No. 460 of 2008. Rajesh/ (V.N.Sinha,J.)