IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.782 of 2011 Ujjawal Kumar @ Ujjawal Uthap @ Uptal, son of Sri Ram Lalit Prasad Singh, resident of village-Gamharia, P.S.-Majorganj, District- Sitamarhi, presently residing in Officers’ Flat, Police Line, Begusarai, P.S.- Begusarai Town, District- Begusarai. Versus The State Of Bihar . ----------- 3. 25.07.2011 The accused petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 06.04.2011 passed by the learned Sessions Judge, Begusarai in Cr. Appeal No.18/2011 by which the order dated 22.12.2010 passed by the learned Juvenile Justice Board, Begusarai in Phulwaria P.S. Case No.6/2010 for the offence punishable under Sections 379/411 of the I.P.C. has been confirmed. Heard Mr. Akhileshwar Prasad Singh, learned counsel for the petitioner and Mr. Haque, learned counsel for the State. The main contention of the learned counsel for the petitioner is that the petitioner has been declared juvenile by the learned Juvenile Justice Board. He has been falsely implicated in the case one after another due to enmity. He was granted bail vide order dated 22.07.2010 by this Court in Cr. Revision No.1060 of 2010 in Phulwaria P.S. Case No.6/10 with condition that during the pendency of that case, if the petitioner is 2 involved in any other case, the bail bond would be cancelled and he will be taken into custody. Thereafter, the petitioner has been implicated in Begusarai Town P.S. Case No.359/10 under Sections 379/411 of the I.P.C. As such, his bail bond was cancelled and he was taken into custody by the learned Juvenile Justice Board. The petitioner has been implicated in Phulwaria P.S. Case No.6/2010. As such, the petitioner has been in custody in this case since 7.10.2010. It is further submitted that there is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and his release would defeat the ends of justice. It is further submitted that parents of the petitioner will take care of the petitioner and they will produce the petitioner in the court as and when required. Learned A.P.P. for the State submits that the petitioner has criminal antecedent and he has violated the conditions of bail granted by this Court. After hearing the learned counsel for both the parties and on perusal of the materials on record, it appears that the contention of the learned counsel for the petitioner is correct. There is no material on record to show that the release of the petitioner will bring him into association with known criminal and expose him to moral, physical and psychological danger and 3 his release would defeat the ends of justice. Considering the facts and circumstances stated above, in my opinion, the impugned order is not fit to be sustained and the same is set aside. The petitioner above-named is directed to be released on bail on furnishing bail bond of Rs.10,000/-with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Begusarai in Phulwaria P.S. Case No.6 of 2010 with the following terms and conditions : (i) Both the bailors will be the father and mother of the petitioner. (ii) Father of the petitioner will furnish the cash surety of Rs.10,000/-. (iii) Mother of the petitioner will produce the petitioner in the court if and when required. (iv) The petitioner will not indulge in similar or in any other offence. (v) In case of his absence for two consecutive dates or in case of violation of the terms of the bail, his bail bond will be liable to be cancelled by the learned Juvenile 4 Justice Board, Begusarai and the cash amount will be forfeited and he will be taken into custody. In the result, this application is allowed. V.K. Pandey ( Amaresh Kumar Lal, J.)