IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1708 of 2010 ASHOK MAHTO @ ASHOK PRASAD Versus THE STATE OF BIHAR For the petitioner :Mr.Brij Kishore Mishra For the State :Mr.Manoj Kumar No.1, APP ----------- 04. 17.05.2011 Heard both sides. Petitioner who has been declared juvenile in conflict with law, prays for bail in a case instituted under sections 302 and 504/34 IPC. As per allegation in the complaint(later on treated as an FIR), the two brothers were found scuffling with two other family members of the informant. In the meanwhile, the father of the complainant/informant came to pacify them whereafter it is alleged that petitioner gave dagger blow in his abdomen. Few days later, he succumbed to his injuries. Counsel for the petitioner submits that he is in custody/remand home since 05.01.2010. Other co-accused of this case have since been released on bail. It would appear from perusal of the FIR that it all happened on the spur of the moment. There is no criminal antecedent of the petitioner. The father of the petitioner has filed the affidavit in support of the application and has taken upon himself the entire responsibility respecting the petitioner if released on bail. A report from the concerned Probation officer was called for which is at Flag D. It appears therefrom that 2 petitioner is not in bad company and carries no past criminal record. His family is a well-knit family. Having regard to the aforesaid facts, this Court while setting aside the order, directs release of the petitioner above named on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Juvenile Justice Board, Chapra, district Saran in connection with J. Trial No.507 of 2010 arising out of Marhowrah P.S. Case No. 215 of 2009 subject to the condition that one of the bailors shall be his father. It shall be the duty of the father to monitor the conduct/ behaviour of the petitioner and to produce him before the court in person as and when required. In case of default in such appearance, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law. During subsistency of this privilege if it is found that he involves himself in any criminal case, the same shall be treated as breach of conditions of bail entailing cancellation of the same. hr ( Kishore K. Mandal )