IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.351 of 2011 Ashutosh Kumar Sah, son of Satya Narayan Sah, resident of village- Baghwa, P.S.-Simri, Bakhtiarpur, District- Saharsa. Versus The State Of Bihar . ----------- 3. 06.07.2011 The accused petitioner has preferred this revision application against the order dated 27.12.2010 passed by the learned Sessions Judge, Saharsa in Cr. Appeal No.32/2010 by which the prayer for bail has been rejected on the ground that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. Heard Mr. Binod Kumar Ambastha, learned counsel for the petitioner and Dr. Ravindra Kumar, learned counsel for the State. It is submitted that the petitioner is an accused in connection with Bakhtiarpur P.S. Case No.111/2007 for the offence punishable under Sections 366, 366 A and 376 of the Indian Penal Code. The main contention of the learned counsel for the petitioner is that the petitioner was declared juvenile by the Juvenile Justice Board vide order dated 19.11.2010. His prayer for bail was rejected by the Juvenile Justice Board vide order dated 4.12.2010. Against the said order, the petitioner filed Criminal 2 Appeal No.32/10, which has been rejected by the impugned order as aforesaid. It has been further submitted that the report was called for from the Juvenile Justice Board regarding the antecedent and character of the petitioner. The Chief Probation Officer, Saharsa has submitted the report vide letter no.108 dated 13.05.2011 from which it appears that the petitioner has no criminal antecedent and his character is good and he has been falsely implicated in this case. He has further submitted that there is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. He has further submitted that co-accused has also been granted bail and the petitioner is in custody since 5.09.2010. It is further submitted that father of the petitioner will take care of the petitioner. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears that the contention of the learned counsel of the petitioner is correct. It also appears from the report of the Chief Probation Officer at flag ‘A’ that the petitioner has no criminal antecedent and his character is good. Considering the facts and circumstances, in my 3 opinion, the impugned order is not fit to be sustained and accordingly impugned order dated 27.12.2010 passed in Criminal Appeal No.32/2010 (arising out of order dated 4.12.2010 passed in G.R.Case No.778/2007) is set aside. The petitioner namely, Ashutosh Kumar Sah is directed to be released on bail on furnishing bail bond of Rs.7,000/-(seven thousand) with two sureties of the like amount each to the satisfaction of learned Principal Magistrate, Juvenile Justice Court, Saharsa in G.R.No.778/2007 arising out of Bakhtiyarpur P.S.Case No.111/2007 with condition that the petitioner will not indulge in similar or in any other offence and with further condition that one of the bailors must be the father of the petitioner, who will produce the petitioner in the court if and when required. In case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile Justice Court, Saharsa. In the result, this petition is allowed. V.K.Pandey (Amaresh Kumar Lal, J.)