IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.402 of 2010 ARUN KUMAR SAH, S/o Police Sah, R/o Vill. Sonho, P.S. Bheldi, Dist. Saran at Chapra Versus The STATE OF BIHAR ------ For the Petitioner : Mr. Nawal Kishore Singh. Mr. Ramesh Kumar. For the State : Mr.Jitendra Kr. Singh, A.P.P. --- 4. 07.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. This application is filed against the order dated 10.12.2009 passed by the Sessions Judge, Saran at Chapra in Cr. Appeal No. 125 of 2009 and the order dated 21.11.2009 passed by the Juvenile Justice Board in Juvenile Tr. No. 412 of 2009. No doubt, case concerns with offence under Section 302/34 of the I.P.C. but submission of the learned counsel for the petitioner is that he has been sent to jail though there is no material at all to connect him with the offence, save and except suspicion or his confession made before the Police. In case, if there would have been any material regarding involvement of this petitioner then also any of the three conditions for refusal of the bail should be existing which is lacking and not considered by the Juvenile Justice Board as well as by the Appellate Court. Those conditions are the reasonable grounds for believing that release is likely to bring him (Juvenile in conflict with law) into associations with any known criminal or exposure of his moral, physical and psychological danger or release would defeat the ends of justice. According to the learned counsel, when there is no 2 evidence to involve the petitioner with crime then no question arises about appearance of above conditions even then petitioner’s prayer has been refused by the impugned order and by the judgment which are not liable to sustain. Accordingly, the prayer of the petitioner for grant of bail is allowed. The above named petitioner is directed to 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 Juvenile Justice Board, Saran at Chapra in connection with J. Tr. No. 412 of 2009 arising out of Amnaur/ Bheldi P.S. Case No. 8 of 2004. Rest of the Judgment and order dated 10.12.2009 passed by the Sessions Judge, Saran at Chapra In Cr. Appeal No. 125 of 2009 and the order dated 21.11.2009 passed by the Juvenile Justice Board in J. Tr. No. 412 of 2009 are hereby set aside. One of the bailers shall be the father of the petitioner, who would undertake to keep the petitioner under his observation and produce whenever is required by the Juvenile Justice Board or Court. shail (Mandhata Singh, J.)