IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1148 of 2011 Deepak Mandal Versus The State Of Bihar ---------------------------------- 03. 30.11.2011 Heard learned counsel for the petitioner and learned APP for the State. This is the second attempt of the petitioner who has already been declared juvenile in conflict with law and is facing accusations punishable under section 302 and other allied sections of IPC. He moved this Court earlier for bail in Cr. Rev. No. 227 of 2011. On a consideration of entire materials on record, this Court refused to grant him bail by order dated 25.2.2011 (Annexure-1) observing as under:- “I have considered the submissions advanced on behalf of the parties and perused the materials on record. The manner in which the occurrence was committed is horrifying. It appears that the petitioner has close association with a naxalite/extremist group. I am thus inclined to concur with the view taken by both the courts below. Application is dismissed.” Learned counsel for the petitioner submits that he is in remand home since 13.8.2010. It is also contended with reference to the status report at Flag-A that on 28.3.2011 accusations have been explained to the accused(s) whereafter bailable warrant has been issued to the witnesses for their appearance and deposition(s). Learned counsel submits that a juvenile cannot be detained in custody for more than three years. It is also contended that father of the petitioner who has affirmed the affidavit in support of the 2 application is ready to take responsibility respecting the petitioner, if released on bail. Regard being had to the allegation and the observation made by this court in the order dated 25.2.2011, this Court while declining the prayer of the petitioner disposes of the present application by the following order: Let the trial court endeavour to examine all prosecution witnesses within four months from the date of receipt/communication of this order in the court below, failing which the trial court shall release the petitioner abovenamed on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with G.R. No. 368A/2010 arising out of Kharagpur P.S. Case No. 58/2010, subject to the condition that one of the bailors shall be father of the petitioner. It will be duty of the aforesaid bailor to monitor the conduct of the petitioner and produce him before the court concerned as and when called upon. In case of default in such appearance, the trial court shall have liberty to cancel the bail bonds of the petitioner. During the subsistence of this privilege, if it is found that petitioner is involved in another criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. As prayed for, let this order be communicated through fax at the cost of the petitioner. hr ( Kishore K. Mandal )