IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1963 of 2009 PRAKASH KUMAR Versus STATE OF BIHAR ----------- 3 4.1.2010 Heard learned counsel for the parties. This revision application has been filed against the judgment and order dated 30.10.2009 passed by 1st Additional Sessions Judge, Gaya in Cr.Appeal (Juvenile) No. 5/2009/161/2009 by which he refused to grant bail to the petitioner and confirmed the order dated 4.9.2009 passed by Juvenile Justice Board, Gaya in GR 293/08/Tr.No. 990©08. The submission of learned counsel for the petitioner is that in a case of dacoity by unknown miscreants, petitioner’s name appeared in confession made by co-accused Kamlesh Paswan involving several others including Ashish Kumar Singh who has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 18612 of 2009. The petitioner also remained in custody since 25.11.2008. According to learned counsel, once the material taken to allow it participants to bail without help of section 12 of Juvenile Justice (Care and Protection of Children) Act, petitioner should also be given the same privilege as he is entitled for conditions given under section 12 of the Act. Under the facts and circumstances stated above, this revision application is allowed and the judgment and order of both 2 the courts below dated 30.10.2009 and 4.9.2009 are set aside. The above named petitioner shall 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, Gaya in GR 293/08, Tr.No. 990©08 arising out of Sherghati (Dobhi) P.S.Case No. 105/2008. It is made clear that one of the bailers shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce him whenever is ordered by the Juvenile Justice Board. Let this order be sent to the court below through fax at the cost of the petitioner. A.I (Mandhata Singh, J.)