IN THE HIGH COURT OF JUDICATURE AT PATNA CR REVISION No 822 of 2010 Abhishek Bharti @ Abhishek Kumar Bharti, Son of late Arun Kumar And Rita Bharti (mother), mother is natural guardian of the petitioner, Resident of village – Vidya Jhaap, P S – Sakra, District – Muzaffarpur - Petitioner Versus State of Bihar - Opposite Party ----------- 2 27.05.2010 This application is by Abhishek Bharti @ Abhishek Kumar Bharti through his natural guardian, his mother, Rita Bharti. Petitioner is a juvenile in conflict with law and is being detained pursuant to Kazimohammadpur Police Station Case No 178 of 2009 for offences under Sections 399/414 of Indian Penal Code read with other sections of Arms Act for being found with a country made pistol. The Courts below have rejected the application for release of petitioner on the ground that petitioner is involved in a serious crime. In my view, the Courts below have misdirected themselves. In so far as juveniles, in conflict with law are concerned, the law assumes and presumes that a juvenile, in conflict with law, can commit no offence. Thus, gravity of offence is no consideration. The consideration is whether the juvenile, upon release from the Care Home, would get reinvolved in criminal activity. In this case, on behalf of petitioner, the mother undertakes to ensure that petitioner does not get involved in the crime. Considering the aforesaid, I direct that the petitioner be released in the aforesaid case (Kazimohammadpur Police Station Case No 178 of 1997) upon furnishing bond to the satisfaction of Juvenile Justice 2 Board, Muzaffarpur subject to the condition that the mother of the petitioner gives a bond for good behaviour of the petitioner. Further, the petitioner would have to appear before the Juvenile Justice Board every two months. M.E.H./ (Navaniti Prasad Singh)