IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.752 of 2011 Abdul Sultan son of late Abdul Rahim resident of village- Laxmipur, Siswan Dhala, P.S. Siwan Town, District Siwan. …. Petitioner. Versus The State Of Bihar .. Opposite party. ----------- 3. 29.07.2011 The accused-petitioner has preferred this revision application against the order dated 6th June 2011 passed by learned Sessions Judge, Siwan in Cr. Appeal No. 20 of 2011, by which the order dated 12th May 2011 passed by learned Juvenile Justice Board, Siwan in Siwan (Town) P. S. Case No. 12 of 2011, G. R. No. 96 of 2011 under Section 399, 402 I.P.C. and Sections 25(1-b) A/26/35 of the Arms Act has been affirmed and the prayer of the petitioner for grant of bail has been rejected. Heard Mr. Satis Kumar Sinha, learned counsel for the petitioner and Mrs. Indu Bala Pandey, learned A.P.P. for the State. It is submitted that the petitioner was declared Juvenile and his prayer for grant of bail has been rejected by learned Juvenile Justice Board, Siwan vide order dated 12th May 2011. Thereafter, the petitioner filed Cr. Appeal No. 20 of 2011 which has been rejected by the learned Sessions Judge, Siwan vide 2 impugned order on the ground that the petitioner has criminal antecedent and his release may bring him into association with any known criminal or expose him to moral, physical, or psychological danger. It is further submitted that a report was called for from Probation Officer, Siwan which shows that the petitioner is also an accused in G. R. 2147/10 under Section 392. The petitioner has been granted bail in that case. It is also submitted that the petitioner has been in custody since 12.1.2011, whereas, the co-accused Shahid Ahmad @ Raza Mian has been granted bail, from whose possession three cartridges were recovered. No incriminating article has been recovered from the possession of the petitioner. In that view of the matter, the case of the petitioner is on better footing. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner. After hearing both the parties and on perusal of the material on record, it appears that the petitioner has also criminal antecedent but in similar facts and 3 circumstance the co-accused has been granted bail and the petitioner has been in custody since 12.1.2011. There is also no material on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral, physical, or psychological danger or his release would defeat the ends of justice. Considering the facts and circumstances, in my opinion, the impugned order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.7000/- (seven thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Siwan in connection with Siwan (Town) P. S. Case No. 12 of 2011, G. R. No. 96 of 2011 with following conditions;- (i) One of the bailors must be the mother of the petitioner. (ii) The mother of the petitioner will take care of the petitioner 4 and she will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled by the learned Juvenile Justice Board and he will be liable to be taken into custody. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)