IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1624 of 2009 MANTOSH KUMAR MANJHI, son of Jitendra Manjhi, resident of village-Fulbaria, Haria Forbesganj, P.S.Forbesganj, District-Araria under the guardianship of his father Jitendra Manjhi-------Petitioner. Versus STATE OF BIHAR ----------- 2. 15.10.2009 Heard learned counsel for the petitioner and the State. In brief, petitioner along with one Anil Kumar Paswan was apprehended by the police after having knowledge of their presence and talking about some criminal act. As such, pistol with cartridges was recovered from their possession. Now submission of the learned counsel for the petitioner is that both the accused persons after arrest were remanded to custody on 24.3.2009 and since then petitioner is in custody while having similar allegation co-accused Anil Kumar Paswan is allowed bail by a Bench of this Court. Submission of the learned counsel for the petitioner is that once a major accused is enlarged on bail, there can be no justification to keep the juvenile in custody. View of the petitioner finds corroboration from Section 12 of the Juvenile Justice (Care and Protection) Act which imposes some conditions only for refusal of juvenile bail. That means to say that something more is to be added while considering bail to a juvenile in his favour. Accordingly, the revision petition is allowed. Both the order dated 21.8.2009 passed in Katihar(Town) P.S. case no.82 of 2009, G.R. no.562 of 2009 by Juvenile Justice Board and the order dated 17.9.2009 passed in Cr. Appeal no.47 of 2009 by Sessions Judge, Katihar, are hereby set aside. - 2 - Let the above named petitioner 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 Board, Katihar, in connection with Katihar Town P.S. case no.82 of 2009, G.R. no.562 of 2009 with condition that one of the bailors must be his father or guardian of the petitioner, who shall undertake to keep the petitioner under his control and produce in court whenever he is required in the case. sudip ( Mandhata Singh, J )