IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1265 of 2010 SUJI @ SUJIT PASWAN S/O SRI LAXMAN PASWAN Versus STATE OF BIHAR For the Petitioner : Mr. Ajit Kumar Singh, Advocate. For the State : Mr. Jharkhandi Upadhyay,APP ----------- 03 26.11.2010 Petitioner who has been declared juvenile in conflict with law by order dated 16.11.2009 is aggrieved by order dated 03.05.2010 based on his appeal being Cr. Appeal no. 119 of 2009 passed by learned Additional Sessions Judge, Fast Track Court no.1, Munger whereby his prayer for bail was refused and the order dated 23.11.2009 passed by Juvenile Justice Board, Munger was affirmed. As per allegation in the F.I.R., the brother of the informant was intercepted while he was going on a motorcycle. It is the allegation that one of the co-accuseds (not the petitioner) fired at him causing some injury thereafter the deceased made attempt to flee away. He was chased and fired at by 4-5 accused persons including the petitioner. Learned counsel for the petitioner submits that the petitioner surrendered to the jurisdiction of the Court on 28.07.2009. He was assessed 15 years of age at the time of occurrence. He has absolutely no criminal antecedent. The motive which has surfaced for the occurrence may not be applicable in the case of the petitioner as he was not facing any criminal prosecution. It is further contended that some of the co- accuseds, similarly placed, have been privileged with bail. It is 2 next submitted that the father of the petitioner has affirmed the present affidavit and has taken upon himself the responsibility to keep him in his proper care and guidance. Learned APP appearing on behalf of the State, on the other hand, submits that although petitioner has been declared juvenile but there is a serious allegation against him which may reasonably form a basis for refusal of bail. A report respecting the petitioner was called for from the concerned Probation Officer which is available on record at Flag-A. The Probation Officer, on a consideration of the materials collected by him in course of enquiry, has recommended for his release under supervision of the Probation Officer. I have heard the parties and perused the materials on record including the two impugned orders and report (Flag-A). In view of the findings and recommendations of the Probation Officer, this Court is inclined to admit him to bail. Accordingly while setting aside the impugned orders, this Court directs that the petitioner, named above, 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, Munger in connection with G.R.Case no. 921A of 2009, Jamalpur P.S.Case no. 47 of 2009 subject to the following conditions:- (i) One of the bailors shall be the father of the petitioner. (ii) It shall be the duty of the father to 3 produce the petitioner before the Probation Officer, Munger and/or the Court, as and when called upon. In case of default in such appearance, trial Court shall have liberty to cancel the bail bond of the petitioner. (iii) For a period of 05 months from the date of release the petitioner shall appear in person once in a fortnight (preferably either on Saturday or Sunday) before the Probation Officer, Munger in order to provide him occasion to watch his conduct. In case of default in such appearance the Probation Officer shall immediately communicate the same to the learned trial Court whereafter his bail bond shall be cancelled. (iv) During subsistency of the privilege of bail, if the petitioner found indulged in any other criminal case, the same shall be treated as breach of the condition of bail entailing cancellation of bail. Sym ( Kishore K. Mandal, J.)