IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.479 of 2008 VIJAY KUMAR Versus STATE OF BIHAR ----------- 2/ 12.05.2008 Heard learned Counsel for the parties. The revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the “Act”) is against the judgment dated 12.03.2008 in Cr. Appeal (Juvenile) No. 3/2008//42/2008 passed by the Ist Additional Sessions Judge, Gaya Magadh Division, whereby he affirmed the order passed by Juvenile Justice Board, Magadh Division, Gaya by which the prayer for bail of the petitioner was rejected in connection with Gurua P.S. Case NO. 20/2007/Juvenile 211 (G) 2007. The First Information Report regarding dacoity in bank was registered under Section 395 of the Indian Penal Code on the allegation that the unknown criminals have committed dacoity in bank and have taken away Rs. 82,607/- from the bank. In course of investigation the petitioner was taken into custody. He took plea that he is a juvenile and he should be dealt with under the provision of Juvenile Justice (Care and Protection of Children) Act, 2000 hereinafter referred to as the “Act”. On the prayer of the petitioner an enquiry was made and after enquiry the petitioner was held to be a juvenile aged about 16 years, 3 months and 17 days on the date of occurrence meaning thereby that he is a juvenile on the date of occurrence. 2 The petitioner took plea that the juvenile is entitled to be released on bail under Section 12 of the Act and bail can only be rejected if the circumstances mentioned under Section 12 of the Act were available on the record. Grievance of the petitioner is that though nothing was available on the records but prayer for bail of the petitioner was rejected. On merit also the petitioner is not named in the First Information Report and had not been put on Test Identification Parade and there is no recovery. Other co-accused persons having similar allegations have been granted bail. In course of investigation it has only been found that one of the accused was known to the father of the petitioner and the petitioner’s father has been granted bail by the Court of Sessions Judge on 28.06.2007 in B.P. No. 1141 of 2007/330 of 2007. According to the Section 12 of the Act a juvenile is entitled to be released on bail. The bail can be refused only if the Court deciding the bail opines that after release the juvenile accused may fall in company of known criminals or he may have to suffer physically, morally and psychologically and his release may defeat the ends of justice. All the circumstances available on the record do not show that any of the conditions for rejection for bail of the juvenile were available on the record. In view of legal position the petitioner is entitled to be released on bail. Accordingly the orders of the Court below refusing bail of the petitioner is set aside and the petitioner is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice 3 Board, Magadh Division Gaya in connection with Juvenile 211 (G)/07 arising out of Gurua P.S. Case No. 20 of 2007 on the condition that one of his bailors shall be his uncle Kapil Singh who has filed the petition here and he will file affidavited undertaking in terms of Section 12 of the Act. Thus the revision application is allowed. kksinha/ (Shyam Kishore Sharma, J.)