IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1285 of 2011 Sahabuddin Mian son of Gafar Mian, R/o village Jalalpur, P.S. Kuchaikote, District Gopalganj under the Guardianship of Gafar Mian the father and natural guardian …….Petitioner. Versus The State Of Bihar ……………………….Opposite Party. ------------ For the petitioner: Mr. Mritunjay Prasad Singh, Advocate. For the State : Mr. Uday Pratap Singh, A.P.P. ------------ 3 12.12.2011 The accused petitioner has preferred this revision application under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the judgment and order dated 12.9.2011 passed by the learned Sessions Judge in Cri. Appeal No. 32 of 2011 by which the appeal has been dismissed and the order dated 24.8.2011 passed by the learned Juvenile Justice Board in Case No. 60 of 2011 Kuchaikot P.S. Case No. 4 of 2011 under section 302/34 of the Arms Act has been confirmed. Main contention of the learned counsel for the petitioner is that petitioner has been declared a juvenile by the Juvenile Justice Board. The prayer for bail has been rejected by order dated 24.08.2011, thereafter he filed Cri. Appeal No. 32 of 2011 which has been dismissed and the prayer for bail has been rejected on the ground that if the petitioner is released on bail it would defeat the interest of justice. He has further submitted that there is no material on the record to draw such inference. With similar allegation accused Nezamuddin Miyan and Sahid Miyan have been granted bail by a Bench of this Court vide order dated 25.11.2011 passed in Cr. Misc. No. 26131 of 2011. 2 Learned counsel for the State could not controvert the contention of the petitioner. Considering the facts and circumstances stated above in my opinion, the impugned order is not fit to be sustained. It is set aside. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of like amount each to the satisfaction of Juvenile Justice Board, Gopalganj in Kuchaicote P.S. Case no. 4 of 2011 on the followingt conditions, ( i)that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will give and undertaking to inform the court if there is any change in the address of the petitioner.(ii ) That the affidavit shall clearly state that petitioner is not accused in any other case and if he is he will not be released on bail. The petitioner will not be involved himself in any case of similar nature after his release in the present case. (iii) The petitioner will attend the court regularly and in case of his absence for two consecutive dates or in violation of the terms his bail bond will be liable to be cancelled by the Juvenile Justice Board and the petitioner will be taken into custody. . In the result the application is allowed. M.Rahman (Amaresh Kumar Lal, J)