IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.654 of 2011 RAJESH YADAV @ RAJESH KUMAR SON OF SRI SULENDRA YADAV @ SULE, R/O VILLAGE- FIROJPUR,P.S.- ASTHAWAN, DISTRICT- NALANDA THROUGH HIS FATHER. Versus 1. THE STATE OF BIHAR 2. KISHORE YADAV SON OF BIRU YADAV, R/O VILLAGE- FIROJPUR, P.S.- ASTHAWAN DISTRICT- NALANDA ----------- 2 08/06/2011 Heard learned counsel for the petitioner and learned APP for the State. The petitioner has challenged the order dated 21.5.2011 passed in Cr. Appeal No. 46 of 2011 by the learned 4th Additional Sessions Judge, Bihar Sharif whereby the order refusing bail to the petitioner dated 7.2.2011 passed in J. J. B Case No. 25 of 2011 arising out of Asthawan P.S. Case No. 12 of 2011 by the Juvenile Justice Board was confirmed. Asthawan P.S. Case No. 12 of 2011 was registered on the basis of fard-beyan of Kishore Yadav which was recorded on 7th February, 2011 in the Referral Hospital, Asthawan and it was alleged by the informant that the petitioner has shot at and caused injury on his right arm. Submission is that the petitioner is a juvenile and closely related with the victim and he has falsely been implicated. The petitioner took plea of being juvenile then the inquiry was held and after inquiry the 2 Juvenile Justice Board, Nalanda at Biharsharif decalred him to be juvenile but rejected his prayer for bail. The appellate court affirmed the order refusing bail. Grievance of the petitioner is that once the petitioner was held to be juvenile and there was nothing on the record from which any valid inference could be drawn that the release of the petitioner would defeat the ends of justice or after release he may associate himself with the company of the known criminals of the society the petitioner deserves to be released on bail. The petitioner was declared juvenile and the allegation is of giving single blow on the arm. There is nothing on the record from which any inference could be drawn that after release the petitioner may fall in the company of known criminals or he suffer morally, physically and psychologically. Considering the facts and circumstances of the case, the impugned orders refusing bail to the petitioner are set aside and the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J. J. B., Nalanda at Biharsharif in connection with J. J. B. Case No. 25 of 2011 arising out of Asthawan P.S. Case No. 12 of 2011 with condition that one of the bailors is the father of the 3 petitioner and the learned court below is at liberty to take any undertaking from the father of the petitioner or it may impose any condition upon the petitioner in view of the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2000. In the result, this criminal revision application is allowed. avin (Shyam Kishore Sharma, J.)