IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.151 of 2011 RAHUL PANDEY S/O- GOPAL PANDEY, R/O- VILLAGE BHABUA, WARD NO. 20, P.S.- BHABUA, DISTRICT- KAIMUR AT BHABUA UNDER THE GUARDIANSHIP OF HIS FATHER GOPAL PANDEY Versus THE STATE OF BIHAR - ---------- 3 16.03.2011 Learned counsel for the petitioner is permitted to make correction in paragraph No. 1 of the application. Heard learned counsel for the petitioner and the State. Petitioner, who has been declared juvenile in conflict with law, seeks bail in a case instituted under Sections 364/120B IPC. Learned counsel, referring to the F.I.R., submits that the same was lodged after inordinate delay. The only allegation is that few months earlier, there was a feast in the village in which the petitioner was also seen with the victim Mantu Singh whose dead body was found after few days. It is submitted that the petitioner is in custody since 22.2.2010. The allegations are not direct against the petitioner. It is submitted that upon his arrest in the present case, he was remanded in another case instituted under Section 379 IPC against unknown. It is further submitted that petitioner is well tethered to the family and the elders in the family will ensure that he will not fall in company/association of known criminals, if released on bail. A report from the concerned Probation Officer was called for which is placed at Flag-A. The Probation Officer, based on his finding, has also recommended for his release. 2 Having considered the submissions and after going through the materials on record, this Court, while setting aside the impugned orders, directs release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Member, Juvenile Justice Board, Bhabua (Kaimur) in connection with Case No. 1957/2009, J. Tr. No. 239 of 2010 subject to the following conditions: (i) One of the bailors shall be father/brother of the petitioner. (ii) It shall be duty of father/brother to keep a guard on him and to ensure that the petitioner does not fall in the company of criminals. The bailor shall also ensure his personal appearance in the Trial when specifically directed. In case of default in such appearance, the Trial Court shall have liberty to cancel the bail bonds of the petitioner. (iii) During the subsistency of the present privilege of bail, if it is found that the petitioner is found involved in any other criminal case, the same shall be treated as a breach of condition of bail entailing cancellation. pkj (Kishore K. Mandal, J)