IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.413 of 2011 NANHEY KUMAR @ NANHE KUMAR S/O SRI BHEEM SAO Versus THE STATE OF BIHAR For the petitioner : Mr. Bishwajeet Singh, Advocate. For the State : Mrs. Indu Bala Pandey, APP ----------- 04. 20.06.2011 Heard both sides. Petitioner is declared juvenile in conflict with law. He is facing charge punishable under Section 302 of the Penal Code. As per allegation in the F.I.R., there was a brawl between the two agnates relating to partition. On the day of occurrence both the parties engaged in exchange of hot words, in the meanwhile, petitioner is said to have inflicted one dagger blow in the abdomen of informant’s husband who subsequently died in course of treatment. Learned counsel submits that in a hit of passion the occurrence is said to have been committed as would appear from the F.I.R. It is further submitted that there is no criminal antecedent of the petitioner who is in custody/remand home since 14.09.2010. A report from the concerned Probation Officer was called for by order dated 07.04.2011 which is placed at Flag-‘A’. Probation Officer has also found and reported that partition between the families is the bone of contention leading to the occurrence in which both sides have received injuries. It has further been reported that there is no murky past of the petitioner. In the facts and circumstances of the case, this Court, while setting aside the impugned orders, directs release of the petitioner, above named, on bail on furnishing bail bond of Rs. 2 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Juvenile Justice Board, Siwan in connection with Juvenile Trial no. 59 of 2011, arising out of Maharajganj P.S. case no. 122 of 2010 subject to the following conditions:- (i) One of the bailors shall be the brother-in- law/own family member of the petitioner. (ii) It shall be the duty of the said bailor to produce the petitioner in Court on the date(s) fixed for his personal appearance. In case of default in such appearance, the trial Court shall cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law. (iii) During subsistency of the privilege of bail, if the petitioner has involved himself in any other criminal case, the same shall be treated as a breach of the condition of bail entailing cancellation of bail. Sym ( Kishore K. Mandal, J. )