IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1470 of 2009 HARENDRA MAHTO, S/o Asharfi Mahato, R/o Vill. Parota, P.S. Kataiya, Dist. Muzaffarpur thr. natural guardian Sri Asharfi Mahto. Versus The STATE OF BIHAR ------ 2/ 08.09.2009 Heard both the parties. There is allegation against accused persons of the case that they came near the door of the informant and assaulted the deceased. Petitioner has also been named as member of a mob but submission of the learned counsel for the petitioner is that two of the co-accused persons namely, Shiv Shankar Pandit and Shiv Shankar Thakur assaulted the deceased by means of danda braking head of the deceased and thereafter, a general allegation is alleged against all the accused persons about causing assault to the deceased along with Gagandeo Mahto. The F.I.R. is clear enough that there were differences in between two groups of Panchayats for running of School at a particular place. None of the accused persons have any criminal antecedent. So, major non-assailant, namely, Asharfi Mahto and Munesh Mahto have already been allowed bail by a Bench of this Court on merit and at the same time, petitioner’s bail application has been rejected even after having privilege made under Section 12 of the Juvenile Justice (Care and Protection), Act which in my view is also not justified. Observation regarding likelihood of release bringing the appellant into association with known criminal and that his release 2 would defeat the ends of justice is without substance and not liable to be sustained. Accordingly, the prayer of the petitioner is allowed. The Judgment and order dated 24.04.2009 passed by the Principal Judge, Juvenile Justice Board, Muzaffarpur and the order dated 18.07.2009 passed by the Ist. Additional Sessions Judge, Muzaffarpur in Cr. Appeal No. 74 of 2009 are set aside. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Principal Magistrate, Juvenile Justice Board, Muzaffarpur in connection with Kataiya P.S. Case No. 14 of 2007. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produced whenever is required by the Juvenile Justice Board or Court. shail (Mandhata Singh, J.)