IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.513 of 2011 Nand Kishore Sao @ Nand Kishore Kumar s/o Jhamlal @ Jitendra Sah, under the guardianship of his natural father Jhamlal @ Jitendra Sah, R/o village-Chandi, P.S.- Chandi, District- Bhojpur. … Petitioner. Versus The State Of Bihar … Opp. Party. ----------- 4. 30.09.2011 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 10.3.2011 passed by the learned Sessions Judge, Bhojpur, Arrah in Cr. Appeal No. 06 of 2011 by which the order dated 4.2.2011 passed by the learned Juvenile Justice Board, Ara in Case No. 347 of 2010 arising out of Chandi P. S. Case No. 41 of 2010 under Sections 342, 376, 120B/34, 506 II IPC. has been confirmed and the appeal has been dismissed. Learned counsel for the petitioner submits that the petitioner has been declared a juvenile and his prayer for bail has been rejected by the Juvenile Justice Board. Thereafter, the petitioner filed Cr. Appeal No. 6 of 2011 which has been dismissed by the impugned order on the ground that the release of the petitioner is likely to bring him into 2 association with co-accused and other anti- social elements and expose him to moral, physical or psychological danger and his release would defeat the ends of justice. There is no material on record to show that if the petitioner is released, he will go into the association of known criminals or his release would defeat the ends of justice. He has further submitted that the report of Probation Officer vide Letter No. 39 dated 12th May 2011 has been received from which it appears that the petitioner has no criminal antecedent and there is nothing against his character and he has been falsely implicated in this case. He also submitted that the petitioner has been in custody since 23.6.2010. Learned A.P.P. for the State could not controvert the contention of the petitioner while opposing the prayer. After hearing learned counsel for both the parties and on perusal of material on record, it appears that the contention of learned counsel for the petitioner is correct. There is no material on record to show that the release of the petitioner would defeat the ends of justice or he will go into association of 3 known criminals. The petitioner has been in custody since 23.6.2010. 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.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Bhojpur, Ara in connection with Case No. 347 of 2010 arising out of Chandi P.S. Case No. 41 of 2010 with following conditions;- (i) One of the bailors must be the father of the petitioner. (ii) The father of the petitioner will take care of the petitioner and he will produce the petitioner in the Court if and when required. In case of absence on two consecutive dates, his bail bonds would be liable to be cancelled. (iii) The petitioner will not indulge himself in similar or in any other offence. (iv) In case of violation of the terms and conditions of bail, the bail bond of the petitioner will be liable to be cancelled 4 by the learned Juvenile Justice Board and he will be liable to be taken into custody. In the result, this revision application is allowed. Kanchan (Amaresh Kumar Lal, J.)