IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1722 of 2009 CHANDAN KUMAR SAH @ CHANDAN SAH Versus STATE OF BIHAR ----------- 02/ 06-11-2009 Heard learned counsel for the petitioner and the State. This revision application has been filed for setting aside order dated 18.9.2009 passed in Criminal Appeal No.109 of 2009 by the 4th Additional Sessions Judge, Muzaffarpur and also to set aside order dated 27.08.2009 passed by the Juvenile Justice Board, Muzaffarpur in Ahiyapur P.S.Case No.54/2009, arising out of Trial No.879 of 2009, by which they refused the prayer for bail of the petitioner. Submission of the learned counsel for the petitioner is that no doubt in the incident a boy was taken away and killed but in the FIR four are named casting suspicion, one of them namely Sujit arrested made a confession before the police involving this petitioner for which it is said that family member of the petitioner was in inimical term with the family of co-accused Sujit and that statement is also made before the police. Petitioner remained in custody since 27.2.2009. Father is there to undertake whatever condition is imposed and there is specific provision that is Section 12 of the Juvenile Justice Act to allow the petitioner on bail with certain exception which has not been found nor discussed even by the appellate court. Accordingly, this revision application is allowed and orders of both the courts below passed in Criminal Appeal No.109/2009 and Trial No.879/2009 are set aside. 2 Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Juvenile Justice Board, Muzaffarpur in connection with Ahiyapur P.S.Case No.54 of 2009, arising out of Trial No.879 of 2009. It is made clear that one of the bailors shall be father of the petitioner who shall undertake to keep the petitioner under his observation and shall produce him whenever is required by the Juvenile Justice Board. AH/ ( Mandhata Singh, J. )