IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.905 of 2009 CHANDAN SINGH @ CHANDAN KUMAR S/o Binod Singh resident of village Katari P.S. Neemchak Bathani Dist. Gaya Versus Petitioner STATE OF BIHAR Opp. Party ----------- 2 01.06.2009 Heard learned counsel for the petitioner and the State. This revision application has been filed against the judgment and order dated 31.3.2009 passed in Cr. Appeal no.74 of 2009 by the Sessions Judge, Gaya. By the impugned order, prayer for bail on behalf of petitioner- Chandan Singh @ Chandan Kumar in connection with Neemchak Bathani P.S. Case no.9 of 2007 registered under sections 147,148,149,323,504,302 IPC and 27 of the Arms Act has been rejected. The said Criminal appeal was preferred by the petitioner against the order dated 17.3.2009 passed by the Principal Magistrate, Juvenile Justice Board, Magadh Division, Gaya rejecting the prayer for bail on behalf of Chandan Singh @ Chandan Kumar. Petitioner has been declared juvenile by the Juvenile Justice Board on account of his age being assessed as 16 to 17 years on the date of the occurrence. Counsel for the petitioner submits that since the petitioner has been declared juvenile and there is no finding or allegation regarding association with the criminals, he is not supposed to be kept in remand home. Simple allegation in the FIR against him is that he also associated with the assailants to kill the deceased. Considering the circumstances, the court below should have passed an order for granting bail to the petitioner as an accused declared juvenile by the - 2 - Juvenile Justice Board court under the Juvenile Justice (care and protection of children) Act,2000 is not required to be kept in custody if there is no criminal history of the juvenile accused when his father or family members are there to give undertaking regarding care of the juvenile-accused and also that he will not be allowed to associate himself with the criminals or other anti-social elements. Considering these facts, the order dated 31.3.2009 passed by the Sessions Judge, Gaya in Cr. Appeal no. 74 of 2009 is quashed. Criminal Revision no. 905 of 2009 is allowed. The petitioner Chandan Singh @ Chandan Kumar is granted bail in connection with Neemchak P.S. Case no.9 of 2007on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Magadh Division, Gaya . However, one of the bailers should be father of the accused. He should also give an undertaking on affidavit before the concerned court that during trial before the Juvenile Justice Court, the petitioner will be produced regularly. Further undertaking should be regarding care and protection of the petioner and also that he will not be allowed to associate himself with anti-social elements and criminals. shahid (Mridula Mishra, J)