IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.299 of 2009 KAVINDRA KUMAR Versus THE STATE OF BIHAR ----------- 3/ 22.04.2009 Heard. This revision petition has been preferred by the petitioner on account of refusal by the learned Additional Sessions Judge, Nalanda to release him on bail in Cr. Appeal No. 10 of 2009 which was preferred by the petitioner before the court below in the light of the provision of section 52 of the Juvenile Justice (Care and protection of children) Act, 2000 (hereinafter referred to as the ‘Act’). The learned Judge has indicated in his order that the stolen property i.e. the motorcycle was recovered from the petitioner’s possession. It has been further found by the learned Judge that the prayer for bail of the petitioner was dismissed by this court in Cr. Misc. No. 34224 of 2008. Section 12 of the Act is the provision for releasing a juvenile in conflict with law on bail but such a juvenile may not be released from custody if the court records a finding that there appeared reasonable ground for believing that the release of the juvenile was likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. Any of the above noted four conditions could be sufficient for not directing the release of a juvenile. It is well known that being released from custody is a right vested by the enactment of a juvenile in conflict with the law by - 2 - virtue of section 12 of the Act and if the court wants to invoke any of the four conditions so as to obstructing the above noted provision under section 12 of the Act to take effect, it must assign not only reasons but reasons which are based on materials collected so far by the investigating agency in the case. An indefinite finding, not being supported by any material, could not be enough for any court or authority to deny the release to a juvenile. On perusal of the impugned order, what is found is that the learned Judge has not assigned any reason except that the earlier prayer for bail of the petitioner was dismissed by this court, specially, any of the four conditions which have been put down by the legislature in the provisions of section 12 of the Act. That being the position and it also being the position that the petitioner above named has been adjudicated a juvenile in conflict with law, let he be released on bail on furnishing bail bond of Rs.3000/(three thousand) by either of his parents in Juvenile Justice Case no. 78 of 2008 to the satisfaction of Juvenile Justice Board, Nalanda at Biharsharif. Anil/ (Dharnidhar Jha, J.)